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01-59
Resolution No . 01-59 RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF INTENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE U. S . ROUTE 20 AND ROSE LANE INTERSECTION IMPROVEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute a Letter of Intent on behalf of the City of Elgin with the Illinois Department of Transportation for the U. S . Route 20 and Rose Lane intersection improvement, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: March 14, 2001 Adopted: March 14 , 2001 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk ti- e ViIllinois Department of Transportation Division of Highways/District 1 201 West Center Court/Schaumburg,Illinois 60196-1096 r17 ,_ , , Lt:_-.. June 28 2000 D JUN 302000 The Honorable Ed Schock j Mayor City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mayor Schock: On June 12, 2000, we met with Messrs. David Lawry and Joseph Evers of your staff to discuss the improvement of U.S. Route 20 at Rose Lane. This will serve as a Letter of Intent outlining the terms discussed at that meeting. The City of Elgin will be responsible for preparing or causing to be prepared the required engineering documents and will let and award the contract. The City will process this project through the Department's Bureau of Traffic Permit Section. The Department will reimburse the City for construction costs associated with this intersection improvement up to a maximum of$600,000. This funding will be available in the Department's Fiscal Year 2002 Program timeframe (July 1, 2001-June 30, 2002). The Department will prepare a City/State agreement, which will state that the reimbursement to the City will be 95%upon award of a contract and receipt of an invoice from the City and 5% upon completion of the contract. Please indicate your concurrence to these terms by signing on the appropriate line below and return this original to our office. The Honorable Ed Schock June 28, 2000 Page two If you have any questions or need additional information, please contact me or Mr. Roger Valente, Area Programmer, at(847) 705-4078. Very truly yours, John P. Kos, P.E. District Engineer B Y• Patrick J. Pechnick, P.E. Bureau Chief of Programming Concur c 7 � eeazkci Do Not Concur Title at,c i1 Date /h /SS U l cc: Mr. Joseph Evers S:\WP\PROGDEV\ep00628c.doc CONDITIONS OF JUNE 28, 2000 LETTER OF INTENT WITH ILLINOIS DEPARTMENT OF TRANSPORTATION FOR U.S. ROUTE 20 AT ROSE LANE 1. The City shall use best efforts to enter into an agreement with a third party(currently proposed to be PAR Development, Inc.)to cause the completion of engineering and acquisition of right-of-way to the satisfaction of the Illinois Department of Transportation. The City shall require the third party to provide the engineering necessary to bid and construct a fully signalized and channelized intersection approximately 1,350 feet east of the Elgin, Joliet and Eastern Railroad. 2. The City of Elgin shall not be responsible for any costs to acquire right-of-way or to construct the intersection. The agreement between the City and the State of Illinois shall be conditioned upon the City receiving funds from the developers and/or other interested parties for all costs above the State's share of$600,000. 3. The Illinois Department of Transportation shall review and ultimately approve the engineering and right-of-way acquisition and issue a permit to the City of Elgin. The permit shall indicate that the engineering meets with the satisfaction of the Illinois Department of Transportation and shall indicate that all right-of-way necessary to construct the improvement have been properly conveyed to the Illinois Department of Transportation. 4. The City of Elgin desires access for two undeveloped incorporated parcels along the north side of U.S. Route 20. The north leg of the proposed intersection will lie on an undeveloped unincorporated parcel. To gain access to the proposed intersection for its undeveloped parcels, the City will need the Illinois Department of Transportation's cooperation to insure public right-of-way is extended to the western property line of the unincorporated parcel(currently known as the Metzger property)when this parcel applies for a permit to access the intersection. 5. It is understood that the City will provide emergency and police response for the intersection and it is anticipated that the Illinois Department of Transportation will require the City to pay for all electrical costs and one half the maintenance costs of the signals. Roadway improvements are anticipated to be maintained by the Illinois Department of Transportation. Agenda Item No. J,J City of Elgin A g ,21 '4417)Ft$ E S h'1 L February 16, 2001 G tj N TO: Mayor and Members of the City Council uAF6 COMMUNITY FROM: Joyce A. Parker, City Manager SUBJECT: Rose Lane Intersection - Letter of Intent PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the approval of a letter of intent relative to the purposed construction of the an intersection upon U. S. Route 20 . BACKGROUND The City of Elgin has considered preliminary development plans for a couple of parcels along U. S. 20 east of the Elgin, Joliet & Eastern Railroad (EJ&ERR) over the last several years. The review of these plans led to a concern held by several entities including the City, the Village of Bartlett, the developers, including Pulte Homes and PAR Development, emergency response agencies, police agencies and private citizens . This section of U . S. 20 is known for fatal accidents, poor roadway configuration, high speeds, high volume of truck movements and poorly placed access. The interested parties felt that access is the major contributing factor in the accidents in this section of U. S. 20 . The two existing access points include existing the Rose Lane, a private street serving Bartlett' s "Bartlett on the Green" Subdivision, and the entrance to the Consolidated Freightways trucking company. Discussions with the Illinois Department of Transportation and the interested parties have resulted in the locating of a signalized intersection that would allow access to all properties between the EJ&ERR and Villa Olivia and, ultimately, eliminate the two existing access points and the traffic hazards. The City has received a letter of intent, attached as Exhibit A, from the Illinois Department of Transportation (IDOT) by which they intend to commit $600, 000 to the construction of such an intersection. The commitment was facilitated by the efforts of our State Legislators, Senator Steven Rauschenberger and r Representative Douglas Hoeft . It is important that this move forward at this time to ensure that the money is not re-allocated Rose Lane February 16, 2001 Page 2 elsewhere. The letter of intent will ultimately lead to an agreement between IDOT and the City. As a condition of receiving the $600, 000 from IDOT, the City will be required to bid and oversee construction of the intersection. Staff has prepared conditions to be attached to the letter of intent . The cost of design, permitting, right-of-way acquisition, construction and observation is expected to exceed the $600, 000 the State has committed to the project . The City will require the developers to first, obtain an IDOT permit for the City and second, deposit with the City all funds necessary to construct the proposed intersection. The City of Elgin will not be responsible for any costs, except for staff time relative to planning and construction of the intersection and electricity and maintenance costs of traffic signals once the intersection is completed. One of the developers, PAR Development, has taken on the lead role and is nearly complete with final engineering drawings . PAR Development will obtain a permit from IDOT and prepare bid documents for the City of Elgin. PAR will also obtain the right- of-way necessary to construct the intersection per the plans approved and permitted by IDOT. Once the IDOT permit is issued, the City has approved the plans and bid documents, all right-of-way has been secured and funds have been deposited, then the City will bid and oversee construction of this project. An agreement is being developed to ensure these provisions occur. This agreement will be forwarded to the City Council in the near future . Should an agreement with PAR Development, or another developer willing to take the lead role, fail to occur, the City will not take on the financial responsibility of constructing the intersection. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Village of Bartlett Par Development Pulte Homes Metzger Properties Illinois Department of Transportation Rose Lane February 16, 2001 Page 3 ,/,-k...__FINANCIAL IMPACT V The cost to design, engineer, acquire right-of-way, construct and provide inspection for the intersection improvements will be borne by the developer (s) and the Illinois Department of Transportation, with the exception of staff time relative to planning and construction oversight . The City will bear the costs to maintain the signals and provide electricity for the signals . The annual cost, in 2001 dollars, is anticipated to be less than $15, 000 and will be charged to 010-3321-753 . 01-01 Regular Employee Earnings and 010-3321-753 . 38-02 Electricity Charges . GAL IMPACT None . ALTERNATIVES Do not proceed with the letter of intent at this time which would ellw jeopardize the commitment of the funding from the state . RECOMMENDATION It is recommended that City Council authorize the execution of the Illinois Department of Transportation letter of intent . QctaQH 'ectfully submitted, City Manager JE: do Attachments August 9,2002 ANNEXATION AND DEVELOPMENT AGREEMENT THIS ANNEXATION AND DEVELOPMENT AGREEMENT (the "Agr ement") is made and entered into at Bartlett, Illinois, as of the 3rd day of Septem er , 2002, by and between the VILLAGE OF BARTLETT, an Illinois municipal corporation and home rule unit of local government(the"Village")by and through its President and Board of Trustees (collectively, the "Corporate Authorities"), HARRIS TRUST AND SAVINGS BANK, as Successor Trustee to Harris Bank Barrington, N.A., a national banking association, ("Trustee") as trustee under Trust Agreements dated July 1, 101 and August 1, 191I and known as trust Nos. 11-4603 (the "4603 Property") and 11-4610 (the "4610 Property"), PAR DEVELOPMENT, INC., an Illinois corporation ("Developer") and THE RYLAND GROUP, INC., a Maryland corporation ("Purchaser"). The Trustee and Developer are sometimes hereinafter collectively referred to as "Owner". The Village, Developer and Purchaser are hereinafter sometimes collectively referred to as the "Parties." RECITALS A. The Owner is the owner of two adjoining parcels of real estate, one parcel, the 4610 Property, being approximately 80.8 acres in size which lies within the corporate limits of the Village of Bartlett and is currently zoned 1-2, legally described on Exhibit A (the"Incorporated Property"), and a second parcel,the 4603 Property, being 23.2 acres, in size which is not within the corporate limits of the Village of Bartlett, but is contiguous to, the corporate limits of the Village and is legally described on Exhibit A(the"Unincorporated Property"). The Incorporated Property and the Unincorporated Property combined consist of 104.0 acres and are hereinafter sometimes collectively referred to as the "Property". B. Purchaser is the contract purchaser of the Property. In the event Purchaser acquires the Property, Purchaser (or if Purchaser does not acquire, then the Owner) desires to annex, or to cause the annexation of the Unincorporated Property, depicted on the Plat of Annexation attached hereto as Exhibit B, to the Village; to develop the entire Property consisting of all 104.0 acres as a Planned Unit Development, and to construct residential structures containing 232 dwelling units, including 134 townhome units and 98 single family detached residences on the Property (the "Development"). C. The Village is a municipal corporation organized and existing under the laws of the State of Illinois. , 1 D. The Owner has submitted its Petition to Annex the Unincorporated Property subject to the approval of the Purchaser's Petition to (i) annex the 23.2 acre Unincorporated Property and to rezone the it from ER-1, the zoning district to which it is automatically zoned upon annexation,to the Planned Development District; (ii)to have the Incorporated Property rezoned from the 1-2 District to the Planned Development District; (iii)for a special use permit to fill wetlands; and (iv)for a special use permit for a Planned Unit Development for multi-family and single family housing (collectively, the "Owner/Developer/Purchaser Petitions")to be developed in accordance with the following plans: (a) a PUD Concept Plan for Spaulding Springs prepared by Haeger Engineering LLC dated April 2002 appended hereto as Exhibit C (the "PUD Plan"); (b) a Preliminary Plat of Subdivision prepared by Haeger Engineering dated November 28, 2000, last revised July 26, 2002, appended hereto as Exhibit D (the "Preliminary Plat"); (c) a Multi- Family Site Plan prepared by Haeger Engineering LLC, dated February 13, 2001, last revised July 26, 2002, appended hereto as Exhibit E (the "Multi-Family Site Plan");(d) certain Architectural Plans for the housing products intended to be constructed upon the Property as prepared by Ryland Homes, received by the Bartlett Community Development Department with a stamp date of April 24, 2002, as amended by the Plan Commission on June 12, 2002, which plans are incorporated herein by reference (collectively, the "Architectural Plans"); and (e) certain landscape plans prepared by the Paul Williams Design Group dated December 8, 2002, last revised July 31, 2002 (the "Landscape Plans"), all of which plans are expressly incorporated herein and are referred to herein collectively as the "Plans". E. As part of its request for approval of the Owner/Developer/Purchaser Petitioners to be developed in accordance with the Plans, Developer and Purchaser are is requesting the following modification applicable to the townhome areas: (i) a height 9e_il esseigagna of 31.9 feet; and (ii) a 55 foot right-of-way width for Court "E" only. McAct n F. The Owner has agreed to donate a portion of the Property containing approximately 12.1 acres to the Village for future use as a commuter station/parking area (the "Metra Parcel") or other public use as determined by the Village and in addition to dedicate another portion of the Property containing approximately 8.0 acres to the Bartlett Park District for the recreational needs and uses of the future residents of the Property and the public, as depicted on the Preliminary Plat. G. The Developer and the owners and/or representatives of other adjacent properties located within and without the municipal boundaries of the Village, have sought the approval of certain plans for the relocation and construction of a new intersection and access to Lake Street/State Route 20 (the "Rose Lane Relocation")which will benefit and provide a better and safer means of access to the Property as well as other existing and future developments located within the Village and other municipalities which will be served thereby. To provide adequate and safe access to• the Property as proposed to be developed in the Owner/Developer/Purchaser Petitions, the Village, the City of Elgin, the 2 Trustee, the Developer and LaSalle National Bank as Trustee u/t/a dated 4/1/85 and known as Trust No. 109701, the owner of the adjoining property legally described on Exhibit F (the "LaSalle Parcel") will enter an Intergovernmental Agreement in form substantially the same as the agreement appended hereto as Exhibit G (the "Intergovernmental Agreement"). Under the Intergovernmental Agreement,the Developer is required to perform certain obligations, including preparing plans, specifications and bid documents, and convey and pay all costs associated with the Rose Lane Intersection Project, all as more fully set forth therein, which obligations are expressly incorporated herein and are made a part of this Agreement. H. The Intergovernmental Agreement also requires the owner of the LaSalle Parcel to grant certain easements across said property for a water main which will serve the Property, and requires the Village to allow the connection of the LaSalle Parcel(located in Elgin) to the Bartlett sanitary sewer system. In order that the Property be adequately serviced with sanitary sewer facilities, it will or may also become necessary for the Village to enter into agreements with the City of Elgin and/or the Metropolitan Water Reclamation District of Greater Chicago. I. The Parties desire to enter into a binding agreement governing the annexation, zoning and development of the Unincorporated Property,and the development of the Incorporated Property in the Village and the performance of certain undertakings that are contingent upon said annexation of the Unincorporated Property, pursuant to: (i) the provisions of Division 11.15.1 of the Illinois Municipal Code of 1961, as amended (65 ILCS 5/11-15.1-1 et seq.); (ii) the Village's authorities under Division 13 of the Illinois Municipal Code(65 ILCS 5/11-13-1 et seq.); and (III)the Village's authority as a home rule unit of local government. J. The Parties desire that the Unincorporated Property be annexed to the Village and rezoned, and the Incorporated Property be rezoned, on the terms and conditions herein set forth and,to that end, Owner is about to materially change its position in reliance upon the execution of this Agreement by the Village and the performance by the Village of its undertakings contained herein; and the Village is about to materially change its position in reliance upon the execution of this Agreement by the Owner,the Developer, and the Purchaser and in reliance upon the execution of the Intergovernmental Agreement by the City of Elgin, the Owner, the Developer and the Owner of the LaSalle Parcel, and the performance by each of them of their respective undertakings contained herein and therein. K. The Bartlett Plan Commission has held a public hearing on the Owner's petition to rezone the Property to the Planned Development District and its petition for a special use permit to fill wetlands and for a development in accordance with the Plans, pursuant to public notice published in a newspaper of general circulation in the Village not less than 15 nor more than 30 days prior to said public hearing(s), a copy of said 3 • newspaper's Certificates of Publication having been filed by the Owner with the Village Clerk, and by written notice mailed by certified mail, return receipt requested, addressed to an owners of property located within 250 feet of the perimeter of the respective parcels of the Property, excluding public right-of-way, as evidenced.by the copy of mailed notice and the return receipts filed by the Owner with the Village Clerk. L. The Corporate Authorities of the Village have held a public hearing on the proposed annexation agreement, similar in form and substance to this Agreement, pursuant to public notice published in a newspaper of general circulation in the Village not less than 15 days nor more than 30 days prior to said public hearing, a copy of side newspaper's Certificate of Publication having been filed by the Owner with the Village Clerk. M. The Plan Commission has made its report to the Corporate Authorities regarding the petition for rezoning contemplated herein and a special use permit for a development in accordance with the Plans and the special use permit to fill wetlands, and has recommended approval thereof to the Corporate Authorities, subject to certain conditions. N. The Owner has provided written notices to all required public bodies, including the Trustees of the Bartlett Countryside Fire Protection District and the Bartlett Library District. O. The Corporate Authorities of the Village, after due and careful consideration, have concluded that the annexation of the Unincorporated Property to the Village, the rezoning of the Incorporated Property, and the development of the Property in accordance with the Plans will,on the terms and conditions herein set forth,further the Village's growth, enable it to control the development of the area being annexed, increase the taxable value of the property within the Village, extend the corporate limits and jurisdiction of the Village, and otherwise enhance, promote, and serve the best interests and general welfare of the Village and its residents. P. There are no voters living on the Unincorporated Property. The Owner has heretofore presented to the Village Clerk of the Village a duly executed Petition of Annexation requesting the annexation of the Unincorporated Property to the Village,which Petition for Annexation is contingent upon the execution of this Agreement. Q. The Village, upon acceptance of the Agreement, has agreed to annex the Unincorporated Property to the Village, an accurate map of which is set forth on the Plat of Annexation attached hereto as Exhibit"B",to rezone the Unincorporated Property from the ER-1 Estate Residence District, the zoning district to which it is automatically zoned upon annexation, to the Planned Development Zoning District; to rezone the Incorporated Property from the 1-2 Industrial District to the Planned Development Zoning District;grant a 4 special use permit to fill wetlands subject to certain conditions, and to grant a special use for a Planned Unit Development for the Property for single family detached and multi- family townhome residential uses in accordance with the Plans, including the Modifications, and subject to the Conditions, as those terms are hereinafter defined. R. The provisions of this Agreement relating to annexation are being entered into pursuant to the provisions of Section 11-15.1-1 through 11-15.1-5 of the Illinois Municipal Code (65 ILCS 5/11-15/1-1 through 11-15.1-5). NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreement herein contained, the parties agree as follows: 1. ANNEXATION AND DEVELOPMENT. Owner has filed with the Village a petition to annex the Unincorporated Property, subject to the terms of this Paragraph 1, the Village agrees to annex the Unincorporated Property, in its entirety subject to the applicable provisions of statutes and the terms and conditions contained herein. The Village agrees to adopt all such annexation, rezoning, and special use ordinances necessary to effectuate the provisions of this Agreement. The Village also agrees to adopt ordinances (a) to annex the Unincorporated Property, (b) rezoning the Property from the ER-1 and 1-2 Zoning Districts, respectively,to the Planned Development Zoning District in accordance with the Plans; (c)granting a special use permit for a planned unit development in accordance with the Plans for single family detached and multi-family townhome residential uses, that includes the following modifications: (i) allowing a height of 31.9 feet applicable to the townhome area; (ii) right of way width for Court"E"of fifty-five(55')feet from sixty-six(66')feet as depicted in the Plans(collectively, the"Modifications"); (d)granting a special use permit pursuant to the Village Code to fill an isolated wetland on the Property as depicted and described in the engineering plans that have been submitted to the Village,which the Village hereby agrees to adopt subject to the following conditions (collectively, "the Conditions"): (i)final approval of the Developer's final engineering plans; (ii) final staff approval of the Landscaping Plan; (iii) approval by the Village Engineer and the Village Attorney of a plat of easement and a grant of easement agreement delineating and granting various easements for utilities, stormwater management, cross access and ingress and egress, in, upon, over, across, under and through the Property; (iv) implementation of those conditions as set forth in the Village's Community Development Memorandum dated June 24, 2002 - Case#01-09 - Spaulding Springs and as so approved by the Plan Commission as a apart of its recommendation, a copy of which is attached hereto as Exhibit H; (v) the Developer and the Owner of the Property, shall have timely filed all consents and documents necessary for the Village to establish a special service area covering the Property to pay for the future maintenance, repair and/or replacement if necessary of all stormwater management areas, pipes, conduit, structures and appurtenances in accordance with the Subdivision Ordinance; (vi) receipt by the Community Development Department of a letter from the Bartlett Park 5 District ("BPD") that the conveyance of the "Park Site" depicted on the Preliminary Plat shall satisfy the land and cash in lieu of land obligations to the BPD under the Bartlett Donation Ordinance, however, (said donation shall not satisfy any cash contribution owed the BPD under the Donation Ordinance)nor alleviate the Developer's obligations relative to delivery of a clear title, survey, environmental reports and the other requirements for conveyance of park land under the Bartlett Donation Ordinance; (vii)full compliance with the provisions of the Village Subdivision Ordinance; (viii) following approval of the Preliminary Plat, the Developer shall submit final engineering plans and final subdivision plat(s) for the Property in substantial compliance with the Preliminary Plat and such preliminary engineering plans as may be approved by the Village Engineer, and the provisions of Village Ordinances, as amended, in effect at the time of submittal. Such final engineering plans shall include engineering plans for related utility improvements and any other off site improvements necessary to service the Property being developed; (ix) creation of a homeowners association to maintain all common areas, including but not limited to, the open space/retention sites shown on the Preliminary Plat; (x) no final subdivision plat for any part of the Property shall be approved prior to: (a) approval of the final engineering plans for the Property, including, but not limited to, detention and stormwater management requirements, final grades, drainage, street design and cost estimates; (b) the execution a Public Improvement Completion Agreement in form as incorporated in the Bartlett Subdivision Ordinance; (c) submittal of the performance and labor and material payment bond(s) or letter of credit for the Public Improvements in compliance with the Subdivision Ordinance, in such amounts as approved by the Village Engineer, and in such form as approved by the Village Attorney to guaranty that the Public Improvements will be completed and fully paid for; (d) recording of easements approved by the Village Attorney and the Village Engineer for all drainage, detention and retention facilities and public utilities with appropriate access thereto; (e) submittal of a Declaration of Homeowners Association Covenants and Restrictions, for review and approval by the Village Attorney; (f) creation of a Special Service Area to provide the Village with a source or revenue for the extraordinary maintenance, repair or replacement expenses in connection with storm water management system and detention/retention facilities that serve the Property and for ordinary open space maintenance expenses should the Homeowner's Association owning the land on which such facilities are located fail to properly perform such ordinary open space maintenance; and 6 • (g) satisfaction of all of the other terms and conditions set forth in this Agreement. (xi)execution and delivery of the Intergovernmental Agreement and the timely performance by the Owner and the Developer of their respective obligations thereunder; and (xii) the Property shall be developed in one or more phases, not to exceed five (5) in total. The Village shall enact and adopt the ordinances forthwith, referenced above to annex the Unincorporated Property and rezone the Property to the Planned Development District and to approve a special use permit approving a Planned Unit Development in accordance with the Plans and approving the special use permits identified herein, subject to the Modifications and the Conditions. 2. COMMENCEMENT OF CONSTRUCTION. No construction of Public Improvements shall be commenced prior to approval of the final subdivision plat(s) and a final landscape plan(s)for the Subdivision, or, individual phases thereof, and the submittal by the Developer of a performance and payment bonds or a letter of credit in form and substance required by the Village of Bartlett Subdivision Ordinance, guaranteeing completion of and payment for the Public Improvements of the Subdivision to be constructed, and certificates of insurance from the Developer and the contractors hired by the Developer to construct the Public Improvements have been furnished to the Village evidencing that each has in place commercial general liability, automobile,workers compensation and employers liability insurance in such amounts and coverages satisfactory to the Village and naming the Village as an additional insured thereon. No early earthworks permit or for mass grading shall be issued until a after a final Subdivision Plat has been approved for the Property, and the Developer has complied with the requirements therefor as set forth in the Village Subdivision Ordinance. In addition, no building permit shall be issued prior to the time that the first lift of asphalt binder has been placed on the streets and underground improvements have been installed and approved as being constructed in accordance with the Village Subdivision Ordinance. Determination of acceptable condition of the streets or roads shall be made by the Village Engineer and the Village Director of Public Works. 3. COMPLETION OF IMPROVEMENTS PRIOR TO OCCUPANCY. The Developer shall maintain streets and sidewalks within the Property in good and safe condition until acceptance of the Public Improvements by the Corporate Authorities in accordance with the provisions of the Village Subdivision Ordinance. At all times the Developer shall be responsible for removal of construction debris and waste related to the property being developed by Developer. Developer shall allow the Village's plowing trucks to travel over the streets prior to acceptance provided the curb and gutters have been 7 constructed and the base course has been laid. All manholes and covers shall be at the level of the street surface or shall be banked with asphalt so as to allow any plow to rise over the manhole cover without damage to the manhole or the plow. Developer shall pay for said plowing at the regular rate the Village charges for such services. 4. OFF SITE EASEMENTS. Developer is responsible for obtaining all off site easements and rights of possession for all improvements, including utility improvements as set for the herein, and as provided in the final engineering plans which are determined by the Corporate Authorities to be reasonably necessary for the development of the Property (the "Improvements"). 5. UTILITY IMPROVEMENTS. A. Off Site. Developer shall pay for and be responsible for the design, engineering, construction engineering and all other costs for installation of all off site improvements, if any as well as on site Public Improvements necessary (as determined in accordance with the Bartlett Building Code, the Bartlett Subdivision Ordinance, the Village's ordinances of general applicability,or as reasonably required by the Village)for the unit or phase of the Property, and for all Public Improvements related to such unit or phase and such additional engineering as required by the Village Engineer for the areas of the Property falling outside of the Subdivision as provided in the Final Engineering Plans approved by the Village Engineer. All such off site improvements, (to the extent not separately guaranteed to another governmental unit, but subject to verification and reasonable approval by the Village)if any, and on site improvements shall be included in the guarantee for completion. The off site utility improvements to be required shall be those necessary to service the Property as finally approved by the Village Engineer on the final engineering plans to be submitted to the Village. B. Wastewater Treatment Facilities - Public Sewer The Village agrees that the Developer may connect to and extend the existing municipal wastewater collection system and that such connections shall be permitted upon receipt of the applicable permits from the Illinois Environmental Protection Agency and any other governmental authority that has jurisdiction over said improvements, subject to procuring the necessary easements across the LaSalle Parcel. The Developer agrees to pay the connection fees in force at the time of the connection. The Village, and the Developer agree that the Property will be served by the Metropolitan Water Reclamation District of Greater Chicago and if requested by the Village,the Developer shall also convey easements for access and for utilities, including, but not limited to, water, sanitary, sewer, 8 storm sewer, drainage, electric, telephone, cable television, and natural gas. Unless otherwiseagreed herein,the utilities required under this provision shall be those necessary to serve the Property and shall be as shown a Plat(s)of Easements to be approved by the Village Engineer and the Village Attorney, which shall be furnished and recorded by the Developer, and the recorded original returned to the Village (the "Plat of Easement"). C. Water Supply and Water System Improvement The Village agrees that the Developer may connect to and extend the existing municipal water distribution system, and that such connection shall be permitted upon receipt of applicable permits from the Illinois Environmental Protection Agency and any other governmental authority that has jurisdiction over said improvements, subject to procuring the necessary easements across the LaSalle Parcel. The Developer agrees to pay the connection fees in force at the time of the connection. The Parties agree that they will cooperate with each other and the City of Elgin ("City") in creating a "looped"waterline through the LaSalle Parcel east of and contiguous to the Property and for such purpose,to enter into the Intergovernmental Agreement with the City and the owner of the LaSalle Parcel, which is necessary and desirable for such purpose. D. Stormwater Control Facilities and Drainage Stormwater management for the Property shall be designed and constructed in accordance with the Bartlett Subdivision Ordinance, as amended, which incorporates by reference the stormwater management requirements of the DuPage County Stormwater Management Ordinance which has been incorporated into the Bartlett Subdivision Ordinance shall be applicable to the Property and as amended from time to time, except that the requirement of getting a special management permit from the DuPage County Developmental Concerns Department("DEC")shall not be applicable,as the isolated non- jurisdictional wetlands on the Property are located in Cook County. 6. NO RECAPTURE AGREEMENTS Developer shall not be entitled to recapture any costs in connection with the Public Improvements to be constructed on the Property or for any off site Public Improvements. Nothing herein shall be deemed a limitation upon the rights of the Developer and Owner to seek and receive contributions and reimbursement in connection with the relocation of the existing Rose Lane intersection, reconstruction, roadway realignment and traffic control signalization on Lake Street/State Route 20 pursuant to the Intergovernmental Agreement from the other owners benefitted or affected by such improvements. Notwithstanding that the Village shall have no financial obligations under the Intergovernmental Agreement, it will reasonably cooperate with the Owner, Purchaser,the City of Elgin and other parties in interest in endeavoring to implement the improvements contemplated thereby, but shall not be required to approve of recapture agreements or adopt recapture ordinances. 9 7. ROAD IMPROVEMENTS The Developer shall obtain all necessary permits and shall pay for all on site and off site road improvements as required by IDOT, Cook County Highway Department,the City of Elgin and Hanover Township for improvements, if any, to be made to Spaulding Road and Lake Street/State Route 20(including those improvements to be made pursuant to the Intergovernmental Agreement including a permit for temporary construction and marketing access. The design of and specification for internal road improvements shall be in conformance with the Village Subdivision Ordinance in effect at the time of construction and shall be located as shown on the final plat(s) of subdivision or the Plat of Easement. All road right of way, road access and utility easements that are along, or are shown to stub to or near, adjoining property shall be dedicated, constructed, and extended to the perimeter property line of the Property and to said adjoining owner's property. It shall be a condition precedent to the issuance of any occupancy permit for any single family or multi-family unit built on the Property that the Rose Lane Intersection Project and improvements shall have been constructed and installed with the traffic signal therefor being fully operational and the said improvements having been fully paid for. 8. RESTORATION Developer shall repair and replace in accordance with their original sizes,standards and topography, in a manner satisfactory to the Village, all property damaged or disturbed by reason of its work in connection with the development of the Property within a reasonable time. 9. FACILITIES TO BE UNDERGROUND Developer shall provide that all utilities and communications facilities to be installed, including telephone, electric, and cable television to serve the Property shall be underground, and this requirement shall be affixed to the Plans. Developer shall not be responsible for the burying of any existing utility adjacent to the Property. 10. REQUIREMENTS OF OTHER JURISDICTIONS It is agreed that the Village shall not be liable or responsible for any restrictions on the Village's obligations under this Agreement that may be required or be imposed by any other governmental bodies or agencies having jurisdiction over the Property, the Village, the Developer, the Owner or the Purchaser, or any of them, including, but not limited to, county, state and federal regulatory bodies ("Governmental Bodies"). That 10 notwithstanding, however, the Village agrees to execute all permits and documents, complying with the Village's ordinances and the laws, rules, regulations and ordinances of all applicable Governmental Bodies, that the Owner or Purchaser reasonably requests in connection with the approvals required by other Governmental Bodies having jurisdiction, provided there is no cost to the Village thereof, and shall provide to the Park District the same with respect to the Park Site. 11. LAND AND CASH DONATIONS. Developer hereby agrees to comply with the provisions of the Village Subdivision Ordinance as amended from time to time and in effect at the time of application for a building permit, including, but not limited to, the Bartlett Donation Ordinance, by making cash and cash in lieu of land contributions to the Village, Police, Fire, Library and School contributions. The Developer shall make a land donation of approximately 8.0 acres of land shown as the Park Site depicted on the Preliminary Plat as its full park donation under the Donation Ordinance. The Developer shall pay the sum of$140.00 per lotto the Village as its contribution to the Municipal Building Fund, payable at the time of application for a building permit for each lot. In addition, the Owner will dedicate the Metra Parcel as depicted on the Preliminary Plat Plan to the Village for its public use and governmental purposes. Developer shall provide the Village reasonable evidence of clear title, survey and environmental condition of the Metra Parcel prior to the Village's acceptance thereof. 12. PROTECTION OF PUBLIC IMPROVEMENTS. A. Developer shall be required to deposit with the Village performance and payment bonds warranting that Developer will complete, pay for and maintain the Public Improvements for a period of 24 months after acceptance of the Public Improvements by the Corporate Authorities, including, but not limited to, site grading, underground improvements,all roadway improvements,street lighting,sidewalks, parkway restoration,trees and driveway approaches and all stormwater facilities constructed in strict accordance with the final engineering plans approved by the Village Engineer for the Subdivision, and in accordance with the Bartlett Subdivision Ordinance (the "Public Improvements") for each phase of the Development. Upon completion of the Public Improvements in each phase, and their acceptance by the Village Board, Developer shall transfer title thereto to the Village by warranty Bill of Sale in the form prescribed in the Subdivision Ordinance and shall deposit a maintenance"security bond"in accordance with the Subdivision Ordinance. B. In the event any Public Improvements, including, without limitation, streets, curbs,gutters, sidewalks,street lights, sanitary sewers,storm sewers,water mains, hydrants, manhole covers or required landscaping, are damaged as a result of construction activities on the Property, all such damage shall be promptly repaired or caused to be repaired by Developer without cost of the Village. For purposes of this Agreement, 11 damage to any Public Improvements on 'or within 500 feet of the Property shall be presumed to have been the result of Developer's construction activities unless Developer proves the identity of the party who caused such damage. Failure to promptly repair such damage shall be grounds for the Village to rescind and/or withhold issuing building permits to the Developer or any party for buildings on the Property and withhold the issuance of any occupancy permit for buildings on the Property. 13. BLANKET AND OTHER ON SITE EASEMENTS. A blanket easement over, under, upon, across and through all common open space within the Property for access for emergency vehicles and for access for maintenance, repair, replacement and customary servicing of all electrical lines, all sanitary sewer,storm drainage, stormwater detention and retention, and water main systems, telephone lines, natural gas supply systems, communication facilities and other utilities, shall be provided on the Development Plans and/or the Plat of Easement in favor of the Village and all of the applicable utility and communication companies, now or in the future receiving a Village franchise,their respective officers, employees and agents together with related emergency and service vehicles and equipment or an easement granted over, under, upon, across and through such portion of the common open space and/or part sites as is required by the Corporate Authorities in accordance with the appropriate ordinances. 14. CONSTRUCTION TRAFFIC All construction traffic will be from Spaulding Road east from Gifford Road or Lake Street/State Route 20. 15. BUILDING CODES Developer shall comply in all respects with the applicable Village Ordinances pertaining to construction of buildings which are in effect at the time the Developer makes application to the Village for a building permit or permits in connection with the construction of buildings or structures on the Property, whether or not any of such ordinances are amended after the date hereof. 16. SOIL EROSION. Developer shall adhere to measures for the prevention of soil erosion during the development of the Property pursuant to the Village Erosion Control Ordinances, or the "Procedure and Standard for Urban Soil erosion and Sedimentation Control in Illinois published in 1981, as amended, and the recommended procedures of the Metropolitan Water Reclamation District of Greater Chicago and any other applicable regulatory agency, whichever is more restrictive. An erosion control plan shall be submitted by the Developer to the Village with the engineering plans for each phase and for such portion of the balance 12 of the Property where any site grading, excavation and land balancing work is performed and/or dirt, fill or spoils piled or stored, and shall be subject to review and approval of the Village Engineer. All erosion control work and methods shall be specifically stated in the Final Engineering Plan and Developer shall post with the Village a Performance Bond and Labor and Material Payment Bond, a cash bond, or Letter of Credit, and in the event the Developer requests an early earth works permit,to cover the cost to remove all spoils piled and/or stored and restore the site to its original condition with the Village in accordance with the procedures therefore set forth in the Subdivision Ordinance. Prior to commencement of construction of the Public Improvements on a portion of the Property, any or all of such portions may be utilized for the same uses which existed prior to its annexation to the Village. 17. REIMBURSEMENT. The Developer shall be required to reimburse the Village for all reasonable attorneys fees, and engineering design and review fees in connection with the processing and review of all matters pertaining to the Property,this Annexation Agreement, including the drafting and negotiation thereof and all matters pertaining to the initial plan and all revisions to (a) this Agreement, (b)the Plans, (c)preliminary and final engineering plans, and (d)all other matters related to the development of the Property beginning on the date of the Developer's first submittal in connection with the Property, or any portion thereof, and continuing during the entire term of this Agreement of until the Property is fully developed. 18. MODEL HOME AND PROMOTIONAL SIGNAGE A. Upon the recording of a final subdivision plat and upon the satisfaction such other conditions set forth in this Agreement, Developer shall have the right to construct up to six (6) model homes on and other appurtenant facilities, including advertising signs,(per the Village Zoning Ordinance) and temporary sanitary facilities (i.e. holding tanks, not septic fields). Said models need not to be connected to sewer and water until they are to be occupied as residences so long as temporary sanitary facilities are available. One of the model homes or a single transportable modular trailer may be used as a sales office. Developer shall have the right to install a single modular sales trailer and a model home prior to installation of on-site water mains, provided that water for fire protection is available from another water source within one hundred fifty (150)feet of the model homes and/or sales trailer. Further, and notwithstanding anything contained in Paragraph 2 of this Agreement to the contrary,the Village shall issue a building permit for model homes and the sales trailer once Developer has installed gravel roads capable of providing emergency vehicles access and Village inspection vehicle access to such model home or sales trailer, as determined by the Village Building Director. No model home shall be occupied until a certificate of occupancy is issued for such purposes by the Village Building Department. In the event the gravel roads become impassable for Village 13 vehicles, the Village may, in its reasonable discretion, suspend all inspections and the conditional model occupancy. If said models or sales trailer otherwise comply with zoning and building codes and requirements existing as of the time they are constructed, any more restrictive changes in such codes and ordinances enacted prior to the time Developer requires a certificate of occupancy shall not be applicable to such models. B. Developer, at its option and expense, may erect and maintain at the entrances to the Development, such other signs as the Village may approve and one two- sided real estate sign advertising the development on the Property. Developer shall remove such real estate signs on the first to occur of(i)completion of all construction and sales within the Development or (ii) the three (3) year anniversary of the date of the installation of said real estate signs (provided, however, that the Village will not unreasonably withhold it consent to extending said three(3)year period if Developer is still actively engaged in a marketing program in the Development or in a development adjacent to the Development). Such real estate signs shall be maintained in a good, clean and sightly condition. In addition, such real estate signs may be a maximum of ten (10)feet by ten (10) feet (100 square feet) per side. Developer shall also have the right to install directional signage in the model area of a reasonable size and configuration. 19. SIDEWALKS AND PARKWAY TREES. Five (5)foot sidewalks shall be provided on both sides of the street throughout the development as required in the Bartlett Subdivision Ordinance. Sidewalks shall be installed in accordance with the Bartlett Subdivision Ordinance, except along the west side of street A,where a ten (10)foot wide bike path shall be installed from the north property line of the Property to the north right-of-way line of Spaulding Road. Parkway trees shall be provided on both sides of the street spaced at intervals of 40-60 feet as required in the Bartlett Subdivision Ordinance. 20. ZONING MODIFICATIONS. Except as noted below,the Property shall be developed in strict accordance with the provisions of the Bartlett Zoning Ordinance in effect on the date hereof for the for the Planned Development District in accordance with the Plans. The modifications from the provisions of the most similar zoning district in the event the Property were not developed as a planned unit development, but which are included in the Plans are referred to in Paragraph 1 of this Agreement. Notwithstanding the foregoing, Developer may make minor variations or deviations on the Plans or to final engineering plans as defined in the Subdivision Ordinance in order to solve layout, engineering and design problems, and other problems not reasonably foreseeable at this time. Any changes to the Plans required to implement specific development plans in general conformance within the Plans shall be deemed a"Minor Change"to the extent such changes are deemed as such pursuant to the Bartlett Zoning Ordinance. 14 21. BINDING EFFECT AND TERM This Agreement shall be binding upon an inure to the benefit of the parties hereto, successor in interest, assignees, and lessees, and upon any successor municipal authorities of the Village and successor municipalities for a period of 20 years from the date of execution hereof. 22. COVENANT RUNNING WITH THE LAND. This Agreement constitutes a covenant running with the land and shall be binding upon an inure to the benefit of the parties hereto and all of their heirs, legal representatives, grantees, successors in interest, assignees and lessees. 23. MODIFICATIONS Modifications hereof may be effected by procedures established by law, in force from time to time after the initial approval, the Village and the owner of record of any portion of the Property, even if not the Owners named herein, may agree in writing pursuant to applicable statutory and ordinance requirements,to modify this Agreement with respect to such portion of the Property. 24. NOTIFICATION REGARDING SALE. Within five days after the sale, transfer or assignment of all or any part of the Property or of the assignment of the beneficial interest in a land trust holding title to the Property, the Developer, shall notify the Village thereof. The Owner and Purchaser have advised the Village that they have entered into an Agreement ("Purchase Agreement") pursuant to which the Purchaser has certain rights to acquire and develop the Property. Purchaser shall have no rights or obligations under this Agreement unless and until the Owner and Purchaser deliver a joint notice, or separate notices to the Village confirming the Purchaser's acquisition of the Property with evidence of such acquisition (the "Acquisition Notice"). Upon the receipt of such Acquisition Notice, the Village shall duly acknowledge the receipt thereof by its Community Development Director or Village Administrator, and thereafter all rights and obligations under this Agreement shall inure to the benefit of and be binding upon the Purchaser. Subject to the obligation of the Seller to pay to the Village all amounts which have accrued to or for its benefit as of the date of the Village's receipt of the Acquisition Notice, and further the substitution of the Purchaser's bonds, security or other financial accommodations previously furnished by the Owner and/or Developer, Owner shall have no further obligation to the Village pursuant to the terms and provisions of this Agreement. 15 25. SEVERABILITY. The provisions hereof shall be deemed to be severable; and if any section, paragraph, clause, provision or item herein shall be held invalid, the invalidity of such section, paragraph, clause, provision or item shall not affect any other provision hereof; provided, however, the Village shall under no circumstances be required to incur any liability or loss of incur any expense for any reason in the event that any such section, paragraph, clause, provision or item is held invalid. 26. NOTICE. Unless otherwise notified in writing, all notices, requests, and demands shall be in writing and shall be delivered other personally, by certified mail, return receipt requested or by a nationally recognized overnight courier, as follows: a. If to Village: Valerie L. Salmons Village of Bartlett 228 South Main Street Bartlett, Illinois 60103 With a copy to: Bryan Mraz 111 East Irving Park Road Roselle, Illinois 60172 b. If to Owner: Harris Trust and Savings Bank, u/t/a dated July, 1, 1911 and August 1, 1981 and known as Trust Nos. 11-4603 and 11-4610 201 South Grove Avenue Barrington, Illinois 60010 and Par Development, Inc. 1141 East Main St., Suite 100 East Dundee, Illinois 60118 Attn: Raymond E. Plote and Michael D. McKay 102 W. Illinois St., Suite B St. Charles, Illinois 60174 16 With a copy to: Warren R. Fuller Fuller and Berres 69 South Barrington Road South Barrington, Illinois 60010 c. If to Purchaser: The Ryland Group, Inc. 1051 Perimeter Drive Suite 400 Schaumburg, Illinois 60173 Attn: Peter Skelly & John Luczynski and The Ryland Group, Inc. Countryside Executive Center 1274 W. Northwest Highway Palatine, Illinois 60067 Attn: Kip W. Scott and M. Melinda Thompson, Esq. Associate General Counsel The Ryland Group, Inc. 10440 Little Patuxent Parkway Suite 590 Columbia, Maryland 21044 With copies to: Mr. Scott D. Gudmundson Meltzer, Purtill & Stelle 1515 E. Woodfield Rd., Suite 250 Schaumburg, Illinois 60173-5431 27. RECORDING. This Agreement shall be recorded in the office of the Cook County Recorder of Deeds by either party. Further the Plat of Easements shall be recorded and a copy delivered to the Village. 17 28. ORDINANCES, AMENDMENTS. The development of the Property shall be performed in compliance with the provisions of the zoning, subdivision, building codes, and other ordinances of the Village applicable to real estate development except as otherwise expressly provided herein. 29. REMEDIES AND DISCONNECTION. This Agreement shall be enforceable in any court of competent jurisdiction by either the Village, the Developer, and/or the Owner, or by any of them, or by any successor or successors in title of interest, or by the assigns of the parties. Enforcement may be sought by an appropriate action at law or in equity to secure the performance of the covenants, agreements, conditions and obligations contained herein. No action taken by any party hereto pursuant to the provisions of this Paragraph 29 or pursuant to the provisions of any other Section of this Agreement shall be deemed to constitute an election of remedies, and all remedies set forth in this Agreement shall be cumulative and non-exclusive of otherwise available to any party at law or in equity. 30. TRUSTEE EXCULPATION. This Agreement is executed by Harris Trust and Savings Bank, as Trustee under Trust Nos. 11-4603 and 11-4610, not personally, but solely as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. All terms, provisions, stipulations, covenants and conditions to be performed Trustee are undertaken by it solely as Trustee, as aforesaid, and not individually, and all statements herein made are on information and belief and are to be construed accordingly, and no personal liability shall be asserted or be enforceable against Harris Trust and Savings Bank, as Trustee under Trust Nos. 11-4603 and 11-4610 by reason of any of the terms, provisions, stipulations, covenants and/or statements contained in this Agreement. DATED as of the date first written. Harris Trust and Savings Bank, Par Develov-nt as Successor Trustee to Harris Bank Barrington, N.A., u/t/a dated July 1, By: • 19qi nd August 1, 19gI and known ' .ymond E. Plote, President as Trust Nos. 11-4603 and 11-4610 Att By: Title: 111060 er ,b37Cre,A-- AV►a lava Tnist Mar Title: V; ere.5; 18 • Attest: • 1 , ��► %t SitOW Th- yla Gr. p, Inc. , 1 < itle: Kristin A.Sta�ns la�dTrustAdministrator o a By. VILLAGE OF BARTLETT Title:© - 'Jlice Pee St c0.,+ W _ o < B Attest: o Catherine r elchert, Village President o {�0F%, o.,. h Title: svn't V . kuj // F` G(1, • . Linda allien, Village CIet 4 i t; m • \ y ••7�•lS�\y STATE OF ILLINOIS ) SS: COUNTY OF e,0014 ) I, the undersigned, a Notary Public in and for the County, in the State aforesaid, DO HEREBY CERTIFY that AVPMOM Trwe as of Harris &LAMTrust and Savings Bank, and Kristin A.Starns,land Trust Adm of said Corporation, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such A ✓p/LT? and , J7%? , respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Corporation, for the uses and purposes therein set forth, and caused the seal of said Corporation to be affixed thereto, as their free and voluntary act, and as the free and voluntary act of said Corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this /d'TX day of`-o,a( .0 — , 2002. U • ��kvvl� Notary Public "OFFICIAL SEAL" DOLORES A. KORINKE Notary Public,State of Illinois My Commission Exp.116 07/2004 19 STATE OF ILLINOIS ) ) SS: COUNTY OF 0_,00<- I, o0<I,the undersigned, a Notary Public in and for the County, in the State aforesaid, DO HEREBY CERTIFY that Raymond . Plote, President of Par Development, Inc., and .D ck , as of said corporation, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Vie._ f rc.s. , respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this l9day of � o�{ , 2002. Not Ty Public "OFFICIAL SEAL" CYNTHIA L.ROMANO Notary Public,State of Illinois j i My Commission Expires 06106/06 20 STATE OF ILLINOIS ) SS: COUNTY OF (.00K ) I,the undersigned, a Notary Public in and for the County, in the State aforesaid, DO HEREBY CERTIFY that 3k V\ C•1J L(1\SL1 as cperctioNca OP of The Ryland Group, Inc., an I.arq e j r&& as ASS - tie of said corporation, personally known to me to be the same persons wwose names are subscribed to the foregoing instrument as suc it L•LtJc71ft't d' ).erTL.1 eC.OiI/ST, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth, GIVEN under my hand and Notarial Seal this i'day of P���CL�-' , 2002. vNtrev.",N,on.,,,,,Wk.,k, OFFICIAL t-,-,EAio. ( v, JEAN M KLIPPS T EIN 4' dela_ C� NOTARY PUBLIC,STATE OF ELLINO NotaryPublic MY COMMISSION EX:'if'�w:"2!}5i;e):i STATE OF ILLINOIS ) SS: COUNTY OF ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that Catherine J. Melchert, personally known to me to be the Village President of the Village of Bartlett, and Linda Gallien, personally known to me to be the Village Clerk of said Village, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Village President and as such Village Clerk,they signed and delivered such instrument as Village President and Village Clerk, respectively, and caused the seal of said Village to be affixed thereto, as their free and voluntary act and as the free and voluntary act and deed of said Village, for the uses and purposes therein set forth. I& *ay GIVEN under my hand and Notarial Seal this of , 2002. otary Public 21 "OFFICIAL SEAL' IRENE V. HERRINGER Notary Public, Stale of Illinois My Commission Expires 9/26/04 • EXCULPATORY RIDER This instrument is executed by Harris Trust & Savings Bank Successor Trustee to Harris Bank Barrington, N.A. as Trustee under the provisions of a Trust Agreement dated August 1, 1991 and July 1, 1991 known as Trust Nos.11-4603 and 11-4610 not personally, but solely as Trustee aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. This instrument is executed and delivered by the Trust solely in the exercise of the powers expressly conferred upon the Trustee under the Trust and upon the written direction of the beneficiaries and/or holders of the power of direction of said Trust and Harris Trust & Savings Bank Successor Trustee to Harris Bank Barrington, N.A. warrants that it possesses full power and authority to execute this instrument. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, warranties, covenants, undertakings and agreements herein made on the part of the Trustee while in form purporting to be the said representations, warranties, covenants, undertakings and agreements of said Trustee are each and every one of them not made with the intention of binding Harris Trust & Savings Bank Successor Trustee to Harris Bank Barrington, N.A. in its individual capacity, but are made and intended solely for the purpose of binding only that portion of the Trust property specifically described herein. No personal liability or personal responsibility is assumed by or nor shall at any time be asserted or enforceable against the Harris Trust & Savings Bank Successor Trustee to Harris Bank Barrington, N.A. on account of any representations, Warranties, (including but not limited to any representations and/or warranties in regards to potential and/or existent Hazardous Waste) covenants, undertakings and agreements contained in the instrument, (including but not limited to any indebtedness accruing plus interest hereunder) either expressed or implied or arising in any way out of the transaction in connection with which this instrument is executed, all such personal liability or responsibility, if any, being expressly waived and released, and any liability (including any and all liability for any violation under the Federal and/or State Environmental or Hazardous Waste laws) hereunder being specifically limited to the Trust assets, if any, securing this instrument. Any provision of this instrument referring to a right of any person to be indemnified or held harmless, or reimbursed by the Trustee for any costs, claims, losses, fines penalties, damages, costs of any nature including attorney's fees and expenses, arising in any way out of the execution of this instrument or in connection thereto are expressly waived and released by all parties to and parties claiming, under this instrument. Any person claiming or any provision of this instrument referring to a right to be held harmless, indemnified or reimbursed for any and all costs, losses and expenses of any nature, in connection with the execution of this instrument, shall be construed as only a right of redemption out of the assets of the Trust. Notwithstanding anything in this instrument contained, in the event of any conflict between the body of this exoneration and the body of this instrument, the provisions of this paragraph shall control. Trustee being fully exempted, nothing herein contained shall limit the right of any party to enforce the personal liability of any other party to this instrument. EXHIBIT A LEGAL DESCRIPTION OF PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF BARTLETT PARCEL 2: A PORTION OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 29,TOWNSHIP 41 NORTH,RANGE 9,EAST OF THE THIRD PRINCIPAL MERIDIAN,BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4 AND THE NORTH LINE OF THE HIGHWAY,SAID POINT BEING 631.00 NORTH OF THE SOUTHWEST CORNER OF SAID WEST 1/2 OF THE SOUTHWEST 1/4; THENCE EAST ALONG THE NORTH LINE OF SAID HIGHWAY, 110.00 FEET TO THE POINT OF BEGINNING OF THE LAND TO BE DESCRIBED: THENCE NORTHERLY IN A STRAIGHT LINE, 300.00 FEET TO A POINT,WHICH IS 100.00 FEET EAST OF THE SAID WEST LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4; THENCE WEST, PARALLEL TO THE NORTH LINE OF SAID HIGHWAY, 100.00 FEET TO A POINT IN THE WEST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4; THENCE NORTH ALONG THE WEST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4, 1722.18 FEET(DEED 1734 FEET)TO THE NORTHWEST CORNER THEREOF;THENCE EAST ALONG THE NORTH LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4, 1214.00 FEET; THENCE SOUTHERLY IN A STRAIGHT LINE, 351.80 FEET(DEED 352 FEET)TO A POINT,WHICH IS 1261.00 FEET EAST OF SAID WEST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4 AND 350.00 FEET SOUTH OF THE NORTH LINE THEREOF; THENCE SOUTHWESTERLY IN A STRAIGHT LINE, 1755.53 FEET(DEED 1757 FEET) TO A POINT 200.00 FEET EAST OF SAID WEST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4 AND 300.00 FEET NORTH OF THE NORTH LINE OF THE HIGHWAY; THENCE SOUTH IN A STRAIGHT LINE,300.00 FEET TO A POINT IN THE NORTH LINE OF SAID HIGHWAY,210.00 FEET EAST OF SAID WEST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4; THENCE WEST ALONG THE NORTH LINE OF SAID HIGHWAY, 100.00 FEET TO THE POINT OF BEGINNING,IN COOK COUNTY,ILLINOIS. PARCEL 3: A PORTION OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 29,TOWNSHIP 41 NORTH,RANGE 9,EAST OF THE THIRD PRINCIPAL MERIDIAN,BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID WEST 1/2 OF THE NORTHEAST 1/4; THENCE EAST ON AND ALONG THE SOUTH LINE OF SAID WEST 1/2 OF THE NORTHEAST 1/4, A DISTANCE OF 1214.00 FEET; THENCE NORTHWESTERLY IN A STRAIGHT LINE, 1585.75 FEET(DEED 1590 FEET)TO A POINT,WHICH IS 1033.00 FEET EAST OF THE WEST LINE OF SAID WEST 1/2 OF THE NORTHEAST 1/4; THENCE WEST, 1033 FEET TO A POINT IN THE WEST LINE OF SAID WEST 1/2 OF THE NORTHEAST 1/4; THENCE SOUTH ON AND ALONG THE WEST LINE OF SAID WEST 1/2 OF THE NORTHEAST 1/4, 1580.00 FEET TO THE POINT OF BEGINNING,IN COOK COUNTY,ILLINOIS. EXHIBIT A LEGAL DESCRIPTION OF PARCEL TO BE ANNEXED TO THE VILLAGE OF BARTLETT THAT PART OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD, WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 29; THENCE NORTH 00° 17' 53"WEST ALONG SAID WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 29, A DISTANCE OF 60.77 FEET TO A POINT ON THE NORTH LINE OF THE RIGHT OF WAY OF SPAULDING ROAD, SAID POINT BEING 631.0 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 29; THENCE NORTH 88° 39' 29" EAST ALONG SAID NORTH RIGHT OF WAY LINE OF SPAULDING ROAD, 110.00 FEET; THENCE NORTH 02° 12' 29"WEST, 300.00 FEET TO A POINT THAT IS 100.00 FEET EAST OF THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION 29; THENCE SOUTH 88° 39' 29"WEST, PARALLEL WITH SAID NORTH RIGHT OF WAY LINE OF SPAULDING ROAD, 100.00 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION 29; THENCE NORTH 00° 17' 53"WEST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER AND ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 29, A DISTANCE OF 3551.92 FEET TO THE EASTERLY LINE OF THE RIGHT OF WAY OF THE ELGIN, JOLIET AND EASTERN RAILROAD; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN RAILROAD THE FOLLOWING 5 COURSES: SOUTH 08°44' 14"WEST, 1907.50 FEET, SOUTH 81° 15'46" EAST, 30.00 FEET, SOUTH 08° 44' 14"WEST, 800.00 FEET, NORTH 81° 15'46"WEST; 30.00 FEET AND SOUTH 08°44' 14"WEST, 757.10 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY LINE THAT IS 198.00 FEET (12 RODS) NORTHERLY OF, MEASURED ALONG SAID EASTERLY RIGHT OF WAY LINE, THE SAID NORTHERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD; THENCE SOUTH 71° 19' 37" EAST, 429.00 FEET (26 RODS); THENCE SOUTH 00° 17' 53" EAST, 280.50 FEET (17 RODS) TO THE SAID NORTHERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD; THENCE SOUTH 63° 06' 16" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 155.59 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. CO144U �CF��F� D96009Mdegreerev.doc 400 DFV64Qp 9c y. AVE V2042 08-13-02 LA '9,1Rr �Op EXHIBIT B ""°06 PLAT OF ANNEXATION D.-:..-00-00. N I 2. 100 0 200 1.00 44 SCALE:r•200' I0 mT 1W em•001 , bw.i.11.Wr n s•S1 Naval lr Apr II 2A 2E0 i ���q�r•� I •\ tiiii, R•ww,AAm.22s 2002 ApI��yn�'aY®N IWDA "M/a�[y�Wl 0/x�n�i MOMS AT 11.2 MATIMEISO AV MT TOM LINI Of T 11101T OF TM OF M Wlw O v_CM livOOf.SWIM AI \ \1 wawa auras ar ea aa MOa.. O _Mh� COMSpLIDAIED S�NppY110�a2.YN2 SMO 1144.ryMO �y��pA_i[��i.OlsBlfRLIONINAYS� ,i M'141 20YW p1'1!� %q0 ~ deux «I�i� S.�F� w ruir rd I / =a =JAM: VI[MIi 'ike s I I fF+p'FH—------1 FUT la TM IMAT OF MAIM&IN CMS COANIOG SWIM I I I I I .a_•..mIR.T2 STATZ 00 MIMS I W caw,Of Cailia i MAW.ASSAM TIM om oF M.SA_ 1.x1 .1, 4.14 1 WART AMMO .H.H..I._ I I .arDpR2 mnRYY22 I ,I ITWAT Of MOS $ I I 'I II ae. FU. MUM rr� e a.ATMer M.API 6. 1 a2,a MUM u.Da I I M WO ITOISTOM LW RUMOR K.1.T i _ s I ■ WO 90917=‘,...211111901 w1011A IMS•140 IMO ' •w ONO 1. ■j .wA.rHo�.r—`101.0 I y I I Iii (61:"Ir 1 •F I2rw22 11-.10-02 ; (•� ■ • a 0 0 Z.w 1— �<� * rtwrD.s+w r k Ar..ssA• f W 0{ w y oy stir V 0 ...., 1 a V ia...4 # , wDrauaa 1 ..or•LTRT.E.rz Of L: •A.•aT•R AS WS a_�T M11'frN'M °.. +` rrnwn wr'�mA.NM uwmM u.TO AA KW kj i I ATIMMII aM20 TMA.SAM a AAWO UM MAM01,421WD WI I _• Sy ; i TWAT. ARO Sw WOWS M rrr~DITV re Pt = w Z ; u.TAR MOS 2wura L. • i t M ILO MO MAT or .10_AS I O • 6 3 rAai..A R. Mr ir4ATM.. .4411 jr. rp©OOO©00;,p` rrTU DOM 14,,.4•. ~f D4or OOOOO,, ,s` •mrrr arETD. lu .Tur Oaiwrz DDS 1 R,f`. r! / OOOO ' '~ SI w11 .AiruVlu•lc •M DM•DrYM•TAtt ArOROA0.1v.r Iwn Am rMO •4" i-N-lea , morons.ATO 'raOAa or Pa .Mw mwvnw j APuss rr m•w n.s.r OK 2040MUM 01W MO MAT Mr 4.1`. �f• ^v.�!� _IIIIMM ' MTom SMUT MO NA.MAMMY AiCTT AS Twu TM MRS AwWirt SIMIS ANA MMO. INOCATTO.MM WS AM AMMO iT_a 22T NOM ^'26 _'A IRO ROAD Dvn pReu lir RAID ANA 100,02110. n AST DAT Of \VE'I"i0-"�I ' r-1 � O. .TARS lIStS 1 e43, ./A/,�Ck'it/O �f w.r4.r'. I , tke eTAT2s.um I •xowTDe[urTwTe A��i °`��/�/ [MITT TTN T TS!MATS,5 T TM h11 MOM*MAIN A T•AR[TT Op n.,2DrTATd.MTD.T_YA.�.TOMYAWSOFMATUTT. GAM IMMA 100 KANN 1:01.1,00.AWES ST OROMWS M. 4jffSii, — A.rR.. MOOS M_eTor UAW MOO*, T F' R 4.H.....rarro . ..a.R DD` i EXHIBIT C IP • Land Plan 11 • :g 0 0 i 110 . ,a%ii IN i �" ® t4 OF_ M ii. : •�� 14_,,.\4,44: :-.1;;,14‘;,,,, 1. Sw • o r :ill 144' :TC.4* .,,ii..17,p, 4 IP g a, 0 I PARKq 1 r oEararwrT ,";i, a 04 (" �lkk O r'.-�a 117,4; r.. ' lth . 4 4 `�° cwt it. o X ' = T' t It..5' t r 4 ( M •y� '''.4.1Y �^i `ti. ^K r n' z avv: - � .i • . !° y .Fr - mTED '‘,..-4,- tvls!.-tQ " a r0 THE VILLAGE till- lA% ,Of BARTLETT l-_ - ' V:‘, t • N • 0 Par Development, Inc. Spaulding Springs li SHEET iM4 P.1.11 N0.00-20-100-009 06-29-100-007 06-19-400-007 PRELIMINARY PLAT OF SUBDIVISION06-29-400-006 EXHIBIT D 06-E1 SPAULDING SPRINGS b 200 IW 0 ,ao 400 I ` - --— SCALE:r-zoo' 27 \ ------FIT --- - T▪OO rirrsp2A4 4101410114.0.01101110 TOWN. MINE.7X87 a TIM I } ... ►4.�'.••,........ \h _ 100141110.41 AT,HE.no 07110.or m2.Mr a,K a.1.011O.2�r C \ ,+„`_tel .-. 00411102 Of MO.LEN WOr NO O SENO pOp4-WiAi ELT A pT R."O M a�-a• rr A.. \4 MK A MITI▪ reiroo IUS,��1 NOT rY 4 LIHE MN II 1�S THE 00 :rr ,r y WBWT mO AT AP,•ONTEE10.W rQr OOMETH. V� r.: .1 �. \�_ .1.2 fAr o M7O 137 OF Bn.A3w=� I I im 6I i"...V...1%.11,4116 M M.rrr� sMN�p20�I�0 qMop'��_ js wy- Mr111r M.FY ow Meme : MU;,IG I * F I \rrPB\:^.!- -- 10 er 4 rtrYGrtO[f2 mTllk.Or ow WO•O, i \ ♦ K]LY-1 w101I +I I\ " � i▪ 2i�"'rtM� '""ouTIC NOM r WO i i ea wnira1ta aTHAT ".. 77+ 7067•..•••••.4 ' reverie d02ono or. FM reger_ _ 4 r:7..4126;2Wor1�.r..Asr:.. „ I ;i _..wr..,..• n017 i.¢MM : , I 7..10 OLT A FONT EN WO OSIZION WON Or oar we TINT ed A•r 2,.. j FUT VT HMO. V MON OF INT UK 01111E Num..AT ar�kr,ra°v FUT 10 i r-•M• 7 - wr NW OM 30.77 FEET n; MOMFONT OF•MIp 0.10. COM OOWF. I o 0% .,A .„.. •r I ®�:000 1.4,4 /0ii , „r,,. iEi iQ I4' $' 8z . it ,; ,3' 4.4011S,.• 1!13 3I Is • " r �OO L I!` r4M re.MB. • ,i ® �p i ' "gem reerewarr armee j — _ -- ----- r7 , f ki0' Vara\VI o ..: ,,610,11 4 le/,Aiiiiii.mil • I •1(111ritikr447,/� hr.,.777.77 ` C`1 • ��'. 40 • M. e• k . P'4%‘•• -4#0--,/4/ ". , ii 11);KUM .1 4._/. At Er n ///*/. , 1 .4 d' 4/ , , 4 it %.41,4' 1 k . ,-,, ,, ,,,,,.\\*.,:, , <„,... .,. ,. ., t; t ° '..4.1 tit• 1 4:;:-1 .•:. \ 7-. I : \, \ •., C Lwrlura�l•.. ::.:......,•' , 4 -`l— '- 077'777- - - \' .._.. ...� —., — . �` err,. r....M•.•rr. B»• I. M. • r, A•rerrr N»., ;. 00/454 � /� ;• (L r..7 ,_' ,At) ��✓i� Iii 9 lgO>Ny fwY 16.110 66 /� ///�O 1,641=1=.1666=1,041311-1111)OibnM�2'�OBaY 121-1ap MUM MT10 1071 G/� OL��\ 66 4.12MB V `` O.sarbYBrB,6....) MAW 1666 /(<1 �� ( ) �TA< 4.407X0 2737 W. ����1, a O<- rR. v ,`,+ �� 'YDS: 66.27.- rain wr e..Nw ms x.II-.no /C 52A1 rr., ear L47..aBbThat .II-4113 ommt ..o.rs,..�.F�A.. a.....1.10012 �� r ?L Y. m.6.1 Stab w Est war.L 00110 Pia 7 1 ru Ir 76606 Bair"t0.rbs.620000 _ ,r. 7aa•m+.Ave... 3,661..X66 2000 a`.2 i10 n.e...w.'...'::: Animal art 82...2.7 222.2001 w 02.Yr: .y,L 8 2062 .C..21rm.r :.maser p.B2*: II., L� F,..,.� Levied: J.I. 2dr s-mtt L 667707: A;IA 2002 •.........l r SUBDIVISION r4rti. :4 i ii, " . ‘11.: ''' PRELIMINARY PLA-r op i.,.SPAULDING SIEET I Or 4 SPRINGS SCALE so' e r ,,, ,„,„... h' / 541•14.4110 NIXES' 1 i ' ! I 4.' I , , . 'i i EXHIBIT 0 H i 1----- 11111411ft ' ------. etitrat. / , ,,, I ''' I . % ' • „,--- 7{-1:5 ii R-r- '.: 76—--',,, , . L) E I! :,), ; t 1 I tar ,9 4. / ," i..,,, • I ::' , 1 1 Ek , , I 4/ '- '''' . ,'. '''6 / i ' / „ / -:'.. / . , . sp.. Fs t 4160 ... ' IF t , # / / / , tedatt,, / / 4''. it':MU*:. 44141101fr / ,. -‘-e> '' :lei.''''‘'' ,,,..%,: ,../7:: I / , , I '' • 1 i . i 1 / ; . / SUMS. : . • i )// .,, •.___, . i P . / / , i 1 .... .. / . , / , r• D4 I ///„. - ,/ . ,/ , / , . , . \ I / A 4, ,, / 7 . I —.. . .... , 1 IP .. .. ,l / / • I ''Y t , . / I / ..... i I.. • :r , , , ,• ......„ ... . . .• / / Ager PSENKT ASIMOON / / / IAN . . . I .........„. •A.1, / /! 111 1 ; i 411' • / /1' 4n 1 t. ; • 1 Sx i• -I , ; • . . . 0 S. .• . 1 1 Atm. ... • . . . ; .,. . -' ,, 44 ‘, ..-- „. 5 5 ..- 5, „ ,,, ,. , - \ ' ' .• 1„. • • I ; ; • ; Iv*A / / / '"•+,,- / , . -...:, , 1 1 isll I 15 / ; s,E 0FE 4' i '' Ne I I 004 I ..a. El E / I ,'4 ' ''. , '•;; ‘, ' ,,, ,,, ....•' ' .1104, i ...-; i I I4 I ,. -. - ..,. • ' ' \ , • " , , /1)...0" . , ''' 400 ;' - '' , \ - > , / 1... ..„ 4) <>C)/c) 1'16 Ar 4,,,,, ‘,..._ t 2.....: ....1-,..,,,, .z.,,„,,74...4.0.• isi C' s'e t t.,..A......, ..1. ....7M.r.r,U.... ......,,..*........ „ __*--•-•."”.r. L —..., r Miltr Leff Aar4 Nit, •111,...,. .......tat . . 1 SIIEU 3 SO 4 PRELIMINARY PLAT OF SUBDIVISION SPAULDING SPRINGS 11. EXHIBIT D NI i a ;1 SCALE r / . . , eQA4st 4'1/4,,/,/ 1'' 4 i rz, 1 I i ,•,‘ , i 'y,'.z„,-., -'•::,,:,,,, / 1 1 g'147, 1144-1 ' e Q4- / i.--1 / ,://,;;;,,`,,. ‘--•„‘:-,.„. /„" /. / 1 1 ' ).- ,06 / I 1 i )I ' Iif,.., '''''," / '''''''c 1 / .._ , / /'01 / /e. f/1”f/1 SUS,t/5E i .71 i i / ,,,, I ''e::•,. ..-.„- „ ",„ ..! /6 1 134 t?/ d',' ,' //' Lisoloc..I*Ma il . /r I 1's'.' /‘'i'o' ,': ''':':,s,. 44.4'e7 I 4 , .. _____„ . „ , 7, ..„:, /„,,, ,,,,,, ...2. 7 ./ , ,..,\„...„__ , , ...... , / ....-- • / iii' /4 / r••::::::7 , it 1/ 3‘11/4A11, . . , ..' .•, ; 4 . / "'4 4:,'.7,z•:‘' .,,,,, ''',„ / .'•,,,,, T,:.1;:::. ' ,: Mill 1 I IhiPA,likla, . , 132 POEM*MEI . 11 IX \ lainsisb pi ito ) maigg \ , immi ./. ,, ... v ...; rel . : . , t , 1 • : I . i : ''•'!,`,‘ S,11 .''' '',# . .' • . ,... : •, ., , ! , • 4 9!.. ... .-1/.....1rMartirportm• IL 1.4 MI ms1121 naregko I Yr Zr="60.124,...•Zoo..I. L 4.-eat . ............ . . 1 I SHEET 4 OF 4 PRELIMINARY PLAT OF SUBDIVISION SPAULDING SPRINGS pi EXHIBIT D li SCALE l'-SO' • / /,, ,, ''-'''';".- \-'•- ' '; ..---; • i / / \ " /\/ / Z55 1 j 5, 1 ,, 1 1 i 2, 1 % '• /I I '•., , / 8, \/<' /I/ // " 1 20„I ..-`,„ ! i,..1 / •----../ i . . - \ 42 \ 1 / / ,,,, I lb i by ii,2. .--i / ,,....,,,,// \ ' 1p* ': /A ,,,,,,‘, , \ ,,i . Illi\ • i \ i 1041tAsi,A ., ',4 , \ ... , k , ,....... \ sipipx . 4att, 0/11111610T : /. ,, . •, \ . , . /,' 's., i ,,A‘.., •.,, ‘‘ ,, /',.. : ,.. \ - i , ,/ ••., '., ..-c—,..,s,.,/,, ‘. s' / -.:• i ,,, •, =, •,. ,, „. v \ ..,, : •., Y' -,, '• ; '' \' • • , % .- , • ,/ -,, • \ ,/ '„ ) ,4, • • • ,.. , . • • ! • SYpar,,,r I It- . — -, '•' ,• 1-; ' . . i N % • ............... 1111 \ 1 1 .............................. 1 ''.--- ------ .............. i. ',. \ A --- - __ _ - - • ' - --- .. ,..--.- . „..... • . _ . - - .. ..................., , .. „.• , .,....., liter _ . - JH inN ei- , -7,- -. =4 .=•• . . i'2'04 _. _ _• mu. - - - 414/ 9'6-C . . NO), F/fr r, 66 =,: r.: -r. 0114.••••WY.1 aim 4 Or% i 1 i Q ••••• •• • .= L LE.1.15.-M.1:111.5./...roWl. 19)Z Ok- . L........,, 6.-).>' ow mar wrAirA rats TYPICAL WT DIAGRAM SIIIG.f-FAARLY SR-2 A4= L SHEET I Or C EXHIBIT E SPAULDING SPRINGS b \ 1 '\ ... w . .N AN i \`- •' SCALE:I'•200 AMA WORMY Me W 1014 ///i'4' OVUM UM V. ---�- w.+Iru.o�ir0 I.s 10.71 MAO Neff WO Dam..VOW Or•Or moo IMO Lo Ii TOTAL 21.901.1 W11 /' • n``, �' ,[f—M i- , SIMILE DAILY AKASITE OISPOOTY -- �� 1 11 all WlWL01Tl KiM :74p 2 g.' / /� , p7� ,,-.m.".--,- ,-..T._;,:." , /.m� .�, rI�.r"aj 41 f///a ..�t.dWy.� /t1 .� ' O _ swN SETBACK AKA DOTAL (44 A f4 %/114r ill '/ : O/11121101\12vol 0 aa► :�,2 a oolo '�► Al •OO©/,J0p AA**.070 � � / /OO`i O��v© �ICI ick I Com.-rr.rJ 11, I 'O;r e 0 4tr ,i — ili .., ... 11 I oI©moo � .:: ©. TYPICAL LOT DIAONAa ..- -- SMO E-PAYLY 311-2 i''I i a ,O T.u.. I �• 404.1.1. � r .0 r.,cN sws T111�►Lm AID FAKE I'000 ,• • . �► 41, "P ' \ / / 11.11.1111111 1//‘.. . . Niiiiiinignillei r �G�O • ) 4/ s." �' .I ses^ ..• '�• — •••••+• ••+• amErr•1 11'a•mammy&[m& `•"'°` OF "r"`• psi DivxLorme NT,INC • Fr-N NO.0* IS N S• 011-1.1-0 Ilvelml ANA Om*, S. r ; •} In.0rer -SI-OI Moo lbooSo 1 r 42 7ir•'SSi .\11111A,.w.4. r• "...-r Iu..Are. 1r w pp. . /z/ ilioSPAULDING SPRMIGS blizi- 44 - SITE PLAN MAX11•••11.111011r ��� ®HAEGER ENGINEERING 1 TYPICAL MO LAYOUT-LOT SI TYP1191L IIDI$C{AVOIR-LOT @ TYPICAL HCI LAYOUT-ICT M 12000. MLA 1010 J r IMO I ••• MIA I •of .r rrs .w Y w MAO I • .a.` Ws Ayre► • CnnICII C &OAT 2 OF 2 SPAULDING SPRINGS 102ILTFA1aYMDtas BETE 001511E AREA GUMMY .222....... ran-rwrrY oa-tt /� M. 2. 022 2012.1210 10.71 300.000 LOG 100.200 4.0 37 l.1•. i.AaMbr MTs 7 w .o o w eoYrlrra.•.• 22 IlAI=grWMW 220'0- - IMAM 223- SCALE: '=80'1224.11FAIILY~PMMMMY esraw nmorALw 'errio s .b....24121 Or a T-IN-rry•••• .M I I :III:wLTFA1aY[I-IW 01121201412210I i 112.11•••••• I*.2224242224.1 ••mot INDUSTRIAL 11 I I _ 221•4102 MAI.21.•2024 in.. ..eh 11-1.r0121•00.0rW2 422 min r -'rar..-... T-IM��J1bb ,M /� . rY 121 lc _f- - - -_ 1 -A- 1.WY iI•-.. W.101 � ,�' •�� - ' ' 1/: � . -' ce � runrr mar -i p , -I.,- lir',........:--- , "/„...,P.,„- - ,,,-2, ,,is ,1 1 -1„ Aii irt , , I oi • %.*��, � 4,`�/ 11/17,1) I7 , ..„ /4„, y \ . ,..„--:--, -..._____-_--,,,, 1/p6,1-#:4.e w'Afi - 7,- `w - _,p------------- ________ . tram ...4/110*..^..,f6-.if .I 1� • i t 1�* 4*/- .., , .../..,4., / 1 ,F n m I A 404/. / I 17 mZ. 1/ 1 N Tp / 1 C ,........._ ,, / 4 1 ____ ._.1 4 lil .7• „,,,,/,,,,,,,,,,,,, SI1 //,..„/„.......„,41,,,, ;t:./.../ ,1 I ______ . ja / \ Mil \ 4iii\\ is ,I, IN W tn. Min \ WPM NM III . PAY DEVELOPMENT,INC ..s L r._1 rr ..Y, I 111.IOW . I N; • 2.12-22 lap 2444 A .-:w 1......r 14.1- 'E'•COURT GEOMETRY DETAIL i-er -•'•'•'NY.Iml.a 2 ",24.1 11111.....•11111.....•.... •411121.0212410 ROWAN -. M 9. I •� I ;• 1 ar ..r i....} / I Kr MY r o4 0410. I �y y, SPAULDING SPRINGS r•�G>:”i` � ` ` y ;= f . uI SITE PLAN MULTI FAYLY STREETS b'& E' ' • •GEOMETRY DETAIL •0211.21,.•2212012 ,.•: T1 ®HAEGER ENGINEERING . -.� da } 'E'•COURT GEOMETRY DETAIL •Yin 1-,,,p{ 01}2 MLA �s 0•2122 ..r - t i 2.i 243-21 206•1110 =4.09[ II EXHIBIT F Legal Description of the LaSalle Parcel • 27 EXHIBIT G Intergovernmental Agreement • 28 • ORDINANCE 2002 -87 AN ORDINANCE APPROVING THE ANNEXATION AND DEVELOPMENT AGREEMENT FOR • THE PAR DEVELOPMENT PARCEL BE IT ORDAINED by the President and Board of Trustees of the Village of Bartlett, Cook, DuPage and Kane Counties, Illinois, as follows: SECTION ONE: The Annexation and Development Agreement for the Par Development Property (the "Agreement") by and among the Village of Bartlett, Hams Trust and Savings Bank as Successor Trustee to Hams Bank Barrington, N.A., national banking association as Trustee under Trust Agreements dated July 1, 1911 and August 1, 19 co and known as Trust Nos. 11-4603 and 11-4610 (the "Trustee" or the "Owner"); Par Development, Inc., an Illinois corporation ("Developer"); and the Ryland Group, Inc., a Maryland corporation ("Purchaser") dated August 20, 2002, a copy of which is appended hereto as Exhibit A, is hereby approved. SECTION TWO: The President and Village Clerk are authorized to sign and attest, respectively, the Agreement on behalf of the Village. SECTION THREE: SEVERABILITY. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION FOUR: REPEAL OF PRIOR ORDINANCES. All prior Ordinances and Resolutions in conflict or inconsistent herewith are hereby expressly repealed only to the extent of such conflict or inconsistency. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall be in full force and effect upon its passage and approval. ROLL CALL VOTE: AYES: Trustee Airdo, Arends, Bersani, Floyd, Kavouris, Nolan 1 NAYS: None ABSENT: None PASSED: September 3, 2002 APPROVED: September 3, 2002 - Ade414, atherine J. Mel rt, 1 age President ATTEST: ,......./ pOK. DuP,q, ‘�t .40 G1 1 da17.‘..../ \ 41,yr,/ _ .%,s.-11-. to Ili allien, Vil -ge Clerk °I: / .0 13 jS !J 'Q �; • t‘‘'14 3H1`'I(,__ CE ' IFICATION I, the undersigned, do hereby certify that I am the Village Clerk of the Village of Bartlett, Cook, DuPage and Kane Counties, Illinois, and that the foregoing is a true, complete and exact copy of Ordinance 2002 - 87, enacted on September 3, 2002, on September 3, 2002, as the same appears from the official records of the Village of Bartlett. � IF / _; G(iClf, U 1‘1, 1 't \„ L4ok \/ Q; � OPP a ' allien, age Clerk 0 ui; A 0 Cf s + • i #11 ,/ .••.18 91• ' ”1'' . �<< 0yl * 1\ .,..--- s‘\\•% ., ------- 2 . 2 OF f�Ci b Agenda Item No. City of Elgin E G October 4, 2002 I L' i' _ F5 TO: Mayor and Members of the City Council QUALITY HOUSING FROM: Olufemi Folarin, Interim City Manager SUBJECT: Proposed Agreements with Village of Bartlett and Private Developers Regarding U.S. Route 20 and Rose Lane Intersection Improvements PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information about two proposed agreements concerning the improvement of the U.S . Route 20 and Rose Lane intersection. BACKGROUND The Illinois Department of Transportation (IDOT) has agreed to provide the City with $600, 000 toward the cost of constructing a channelized and signalized intersection at U. S . Route 20 and Rose Lane (the "Rose Lane Intersection Project" ) . On July 9, 2002, the City Council authorized the Mayor to execute a Joint Agreement with the State of Illinois (by and through IDOT) to secure the $600, 000 in funding. The total estimated cost of completing the Rose Lane Intersection Project is $1 million. The City secured the IDOT funding with the understanding that the balance of the costs for completing the Rose Lane Intersection Project would be paid not by the City, but by the private developers benefiting from the improvement . The benefiting developers own property located in both Elgin and Bartlett . PAR Development, Inc . is developing the Spaulding Springs Project in the Village of Bartlett (a planned residential development) and has agreed to pay for the balance of the costs to complete the Rose Lane Intersection Project in excess of the $600, 000 the City receives from IDOT. A proposed "Intersection Proposed Agreements Concerning U.S Route 20 and Rose Lane Intersection Improvements October 4, 2002 Page 2 Development Agreement" between the City and PAR Development outlining the respective duties and obligations of the parties is attached as "Exhibit A. " Under the terms of that agreement, PAR Development will perform work under the City' s direction to construct the Rose Lane Intersection Project in accordance with IDOT' s rules and regulation and the City' s July, 2002, agreement with IDOT. The City is not obligated to contribute any funding to the Rose Lane Intersection Project in the event the IDOT funding is reduced or not appropriated. After the Rose Lane Intersection Project has been completed, the proposed agreement requires the City to adopt a recapture ordinance that will enable PAR Development to recoup its costs from adjoining properties benefiting from the intersection improvement . A proposed intergovernmental agreement between the City, the Village of Bartlett, PAR Development, the Spaulding Springs Project property owner, and the owner and developer of the Bella Rosa Subdivision in Elgin is also being presented to the City Council for its consideration and is attached as "Exhibit B. " The intergovernmental agreement provides that the Village of Bartlett will permit Elgin' s Bella Rossa Subdivision to connect to Bartlett' s sanitary sewer in return for the City overseeing the completion of the Rose Lane Intersection Project . The intergovernmental agreement also requires the property owners of the Bella Rossa Subdivision to provide the Village of Bartlett with a watermain easement that will permit Bartlett to service PAR Development' s Spaulding Springs Project . The City Council approved the rezoning and preliminary plan approval for the residential development of the Bella Rossa Subdivision on February, 13 , 2002 . The adoption of the attendant ordinances ratifying that approval was postponed while negotiations regarding the Bella Rossa Subdivision' s connection to the Village of Bartlett' s sanitary sewer were pending. An ordinance approving the Bella Rossa Subdivision rezoning and preliminary plan approval will be presented to the City Council at its October 23 , 2002, meeting in the event the City Council decides to enter into the proposed intergovernmental agreement with Bartlett and the private developers. rProposed Agreements Concerning U. S Route 20 and Rose Lane Intersection Improvements October 4, 2002 Page 3 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. ))V4r IMPACT With the exception of staff time relating to the planning and construction oversight of the Rose Lane Intersection Project, there will be no cost to the City for completing the Rose Lane Intersection Project . When the Rose Lane Intersection Project has been completed, the City will bear the costs of maintaining the traffic signals and for providing electricity to those traffic signals . The annual cost in 2002 dollars for the traffic signals' electricity and maintenance is expected to be less than $15, 500 . Those costs will be charged to 010-3321-753 . 01-01 Regular Employee Earning and 010-3321-753 . 38-02 Electrical Charges. v\(J;;k1//4EGAL IMPACT None. ALTERNATIVES 1 . Execute (1) the Intersection Development Agreement with PAR Development, and (2) the Intergovernmental Agreement with the Village of Bartlett, PAR Development, the Spaulding Springs Project property owner, and the owner and developer of the Bella Rosa Subdivision in Elgin to enable (1) the construction of the U.S. Route 20 and Rose Lane intersection improvements, and (2) Elgin' s Bella Rossa Subdivision to connect to the Bartlett sanitary sewer. 2 . Decline to execute (1) the Intersection Development Agreement with PAR Development, and (2) the Intergovernmental Agreement with the Village of Bartlett, PAR Development, the Spaulding Springs Project property owner, and the owner and developer of the Bella Rosa Subdivision in Elgin so that (1) the construction of the r Proposed Agreements Concerning U. S Route 20 and Rose Lane Intersection Improvements October 4, 2002 Page 4 U. S. Route 20 and Rose Lane intersection improvements will not occur, and (2) Elgin' s Bella Rossa Subdivision will not be able to connect to the Bartlett sanitary sewer. RECOMMENDATION It is recommended that the City Council authorize the Mayor to execute (1) the Intersection Development Agreement with PAR Development, and (2) the Intergovernmental Agreement with the Village of Bartlett, PAR Development, the Spaulding Springs Project property owner, and the owner and developer of the Bella Rosa Subdivision in Elgin. Respectfully submitted, <, Olufemi Fo in • Interi a ager RGK/rgk Attachments ,(off<C City of Elgin Agenda Item No. -401Y G 1 June 21, 2002 N -1 SAFE COMMUNITY TO: Mayor and Members of the City Council FROM: Olufemi Folarin, Interim City Manager SUBJECT: Illinois Department of Transportation/City of Elgin Joint Agreement - Rose Lane PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the approval of joint agreement for the State' s participation in construction of a new intersection on U. S. 20 . risk BACKGROUND On February 28, 2001 the City executed a Letter of Intent with the Illinois Department of Transportation which stipulated the conditions for which the State would participate in the construction of a new intersection on U.S . 20 . A copy of the memorandum to City Council and the letter of intent are attached as Exhibit A for your consideration. The State has drafted a Joint Agreement, attached as Exhibit B, in which they pledge $600, 000 towards the construction of a new "Rose Lane"/U.S. 20 intersection. As stated in the February 2001 Letter of Intent, and now in the joint agreement, the City is named as the "lead agency" or the responsible party for the project . As the lead agency the City is to cause or prepare plans, acquire right-of-way, obtain permits, bid and oversee the construction of a signalized intersection near the existing Rose Lane. Because this has been a development driven project, the City has not budgeted for the project . Without developer participation, the project will not move forward. To date, the City does not have an agreement with a third party (developer) to cause the completion of necessary documents and provide funding. City staff has been coordinating with PAR Development, a potential third party, for several years relative to their Bartlett development . PAR has prepared plans for the U.S. Route 20 improvements and applied for the necessary IDOT permits r , em. IDOT/COE Agreement June 21, 2002 Page 2 but has not acquired right-of-way, prepared bid documents or provided the City with a proposed agreement . Despite this, it is important that the City move forward with this agreement to insure that the State does not interpret our inaction as an indication that the funding can be reallocated to another project . In addition to the conditions of the Letter of Intent, the Joint Agreement requires the City adopt three ordinances which will prohibit parking, prohibit encroachments and prohibit illicit discharges. The standard language of these ordinances mimics the language of the ordinances used on the Chicago Street project completed in 2000 . The Joint Agreement also includes standard language relative to the City being responsible for maintenance of storm sewers in the intersection, even though it is in the State' s right-of-way. Staff attempted to revise this language to require IDOT maintenance because the high vehicular speeds on U.S . Route 20 make such maintenance very hazardous. IDOT refused and the City must agree to maintain the storm sewers if the project is to move forward. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED PAR Development 91/4 FINANCIAL IMPACT L/ The total estimated cost for the Rose Lane/Route 20 intersection improvements is $1 million. It has been the City' s intent for all costs to design, engineer, acquire right-of-way, construct and provide inspection for the intersection improvements to be borne by the developer (s) ($400, 000) and to be aided by the funding from the Illinois Department of Transportation ($600, 000) . There are no funds budgeted in the City' s 2002-2006 Financial Plan. Participation from the various developers, PAR, US Shelter and Dan Corrado, is essential to moving the project to construction. With the exception of staff time relative to planning and construction oversight, there will be no construction cost to the City. The City will bear the costs to maintain the signals and provide electricity for the signals. The annual cost, in 2002 dollars, is anticipated to be less than $15, 500 and will be charged to 010-3321-753 . 01-01 Regular Employee Earnings and 010-3321- 753 .38-02 Electrical Charges. IDOT/COE Agreement June 21, 2002 Page 3 LEGAL IMPACT None. ALTERNATIVES 1 . Accept the joint agreement now and pursue the agreement with PAR Development . Failing to reach agreement with PAR, the Joint Agreement will expire 3 years after execution. 2 . Accept the joint agreement and consider budgeting design, acquisition and construction costs in 2003 . The current design would dictate an additional allocation of $400, 000 by the City. Absent the developer' s financial involvement and interest in the project, the City could choose to re-evaluate the design at a lower cost option. 3 . Reject the joint agreement . tow RECOMMENDATION It is recommended that the City Council authorize the Mayor to execute the Joint Agreement with the Illinois Department of Transportation for them to provide $600, 000 towards the construction of a new intersection and direct staff to pursue an agreement with PAR Development to exercise the requirements of the agreement . It is also recommended that the City Council authorized the adoption of the three ordinance attached to the Joint Agreement . Respectfully submitted, 1\4.. Olufemi Fo arin Interim City Manager JE:do Attachments EXHIBIT A MEMORANDUM TO CITY COUNCIL WITH LETTER OF INTENT FEBRUARY 2001 L ema. February 16, 2001 G N TO: Mayor and Members of the City Council SAFE COMMUNITY FROM: Joyce A. Parker, City Manager SUBJECT: Rose Lane Intersection - Letter of Intent PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the approval of a letter of intent relative to the purposed construction of the an intersection upon U.S . Route 20 . BACKGROUND The City of Elgin has considered preliminary development plans for a couple of parcels along U. S . 20 east of the Elgin, Joliet & Eastern Railroad (EJ&ERR) over the last several years . The review of these plans led to a concern held by several entities including the City, the Village of Bartlett, the developers, including Pulte Homes and PAR Development, emergency response agencies, police agencies and private citizens . This section of U. S . 20 is known for fatal accidents, poor roadway configuration, high speeds, high volume of truck movements and poorly placed access. The interested parties felt that access is the major contributing factor in the accidents in this section of U. S. 20 . The two existing access points include existing the Rose Lane, a private street serving Bartlett' s "Bartlett on the Green" Subdivision, and the entrance to the Consolidated Freightways trucking company. Discussions with the Illinois Department of Transportation and the interested parties have resulted in the locating of a signalized intersection that would allow access to all properties between the EJ&ERR and Villa Olivia and, ultimately, eliminate the two existing access points and the traffic hazards. The City has received a letter of intent, attached as Exhibit A, from the Illinois Department of Transportation (IDOT) by which they intend to commit $600, 000 to the construction of such an intersection. The commitment was facilitated by the efforts of our State Legislators, Senator Steven Rauschenberger and Representative Douglas Hoeft . It is important that this move forward at this time to ensure that the money is not re-allocated Rose Lane February 16, 2001 Page 2 elsewhere. The letter of intent will ultimately lead to an agreement between IDOT and the City. As a condition of receiving the $600, 000 from IDOT, the City will be required to bid and oversee construction of the intersection. Staff has prepared conditions to be attached to the letter of intent . The cost of design, permitting, right-of-way acquisition, construction and observation is expected to exceed the $600, 000 the State has committed to the project . The City will require the developers to first, obtain an IDOT permit for the City and second, deposit with the City all funds necessary to construct the proposed intersection. The City of Elgin will not be responsible for any costs, except for staff time relative to planning and construction of the intersection and electricity and maintenance costs of traffic signals once the intersection is completed. One of the developers, PAR Development, has taken on the lead role and is nearly complete with final engineering drawings . PAR Development will obtain a permit from IDOT and prepare bid documents for the City of Elgin. PAR will also obtain the right- of-way necessary to construct the intersection per the plans approved and permitted by IDOT. Once the IDOT permit is issued, the City has approved the plans and bid documents, all right-of-way has been secured and funds have been deposited, then the City will bid and oversee construction of this project . An agreement is being developed to ensure these provisions occur. This agreement will be forwarded to the City Council in the near future. Should an agreement with PAR Development, or another developer willing to take the lead role, fail to occur, the City will not take on the financial responsibility of constructing the intersection. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Village of Bartlett Par Development Pulte Homes Metzger Properties Illinois Department of Transportation Rose Lane February 16, 2001 Page 3 FINANCIAL IMPACT The cost to design, engineer, acquire right-of-way, construct and provide inspection for the intersection improvements will be borne by the developer (s) and the Illinois Department of Transportation, with the exception of staff time relative to planning and construction oversight . The City will bear the costs to maintain the signals and provide electricity for the signals . The annual cost, in 2001 dollars, is anticipated to be less than $15, 000 and will be charged to 010-3321-753 . 01-01 Regular Employee Earnings and 010-3321-753 . 38-02 Electricity Charges . LEGAL IMPACT None . ALTERNATIVES r Do not proceed with the letter of intent at this time which would jeopardize the commitment of the funding from the state . RECOMMENDATION It is recommended that City Council authorize the execution of the Illinois Department of Transportation letter of intent . Respectfully submitted, Joyce A. Parker City Manager JE:do Attachments