04-52 Resolution No. 04-52
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT
(Highland Woods Subdivision and Foy Property— 899 and 900 Coombs Road)
WHEREAS,the owners of record of certain territory described in Exhibit A,attached hereto
and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and
WHEREAS, said territory is not a part of any other municipality; and
WHEREAS, no electors reside on the subject territory; and
WHEREAS,the corporate authorities of the City of Elgin desire to annex said territory upon
certain terms and conditions; and
WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a
public hearing has been held after due notice as required by law and all persons appearing and
wishing to testify concerning the proposed annexation agreement have been heard; and
WHEREAS,it is the considered opinion of the corporate authorities of the City of Elgin that
it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized
and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached
hereto as Exhibit A and incorporated herein by reference.
Section 2. That this resolution shall be effective from and after its passage as provided by
law.
s/Ed Schock
Ed Schock, Mayor
Presented: February 25, 2004
Adopted: February 25, 2004
Vote: Yeas: 5 Nays: I
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
A�
2/19/04
Crown
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT (hereinafter referred to as the
"Agreement") made and entered into this 25th day of February, 2004,
by and between the City of Elgin, Illinois, a municipal corporation
of the Counties of Cook and Kane, in the State of Illinois
(hereinafter referred to as the "City") , and Pingree LLC, an
Illinois limited liability company, Edward J. Rembowski Trust under
Trust Agreement Dated March 1, 1991 and Straub Family Trust under
Trust Agreement Dated January 1, 2001 (hereinafter referred to
collectively and alternatively as the "Owner" or "Developer") .
WHEREAS, Owner is the owner of record of the real property
described in Exhibit "A", which is attached hereto and made a part
hereof (which real property, for convenience, is hereafter referred
to as the "Subject Property") and which real estate is not within
the corporate limits of any municipality ; and
WHEREAS, Owner desires to annex the Subject Property to the
City upon terms and conditions recited in this agreement; and
WHEREAS, Owner, after full consideration, recognizes the many
advantages and benefits resulting from the annexation of the
Subject Property to the City; and
WHEREAS, the Subject Property constitutes territory which upon
the property becoming contiguous to the corporate limits of the
City of Elgin, or upon the City receiving a certified copy of a
court order presenting the question of the proposed annexation of
the Subject Property may be annexed to the City of Elgin as
provided in Article 7 of the Illinois Municipal Code (65 ILCS 5/7-
1-1 et seq. , 1993) ; and
WHEREAS, the Owner has filed a Petition for annexation with
the City of Elgin petitioning for the annexation of the Subject
Property into the City of Elgin in form and substance as required
by law; and
WHEREAS, the Subject Property is located within the Pingree
Grove Fire Protection District, and whereas each of the Trustees of
said District was notified in writing by certified or registered
mail at least ten (10) days in advance of any action taken with
respect to the annexation of the Subject Property, and whereas an
affidavit that service of the said notice had been provided has
been filed with the County Recorder; and
A
WHEREAS, the Subject Property is located within Elgin and
Plato Townships, and whereas the Township Commissioner of Highways
and each of the Trustees of said Townships were notified in writing
by certified or registered mail at least ten (10) days in advance
of any action taken with respect to the annexation of the Subject
Property, and whereas an affidavit that service of the said notice
had been provided has been filed with the County Recorder; and
WHEREAS, the Mayor and City Council of the City (Corporate
Authorities) have duly set a date, time and place for a public
hearing on this Annexation Agreement, and have caused due notice to
be made of said public hearing through publication in the Daily
Courier News, a newspaper of general circulation in the community, ;
and
WHEREAS, pursuant to the provisions of Section 11-15. 1-1 et
seq. of the Illinois Municipal Code (65 ILCS 5/11-15. 1-1, et seq. )
a proposed annexation agreement was submitted to the City and a
public hearing was held thereon pursuant to notice, as provided by
statute; and
WHEREAS, the Corporate Authorities of the City, after due and
careful consideration, have concluded that the annexation of the
Subject Property to the City on the terms and conditions
hereinafter set forth is in the best interests of the City; and
WHEREAS, pursuant to notice as required by statute and
ordinance public hearings were held by the Planning and Development
Commission and the Zoning and Subdivision Hearing Board, as
applicable, of the City on the requested zoning of the Subject
Property.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows :
1 . This Agreement is made pursuant to and in accordance with
the provisions of Section 11 of the Illinois Municipal Code (65
ILCS 5/11-15 . 1 . 1, et seq. , and in the exercise of the home rule
power of the City.
2 . The Corporate Authorities, within forty-five (45) days of
the occurrence of all of the following: (a) the execution of this
Agreement, (b) the receipt by the City Clerk of a current title
report verifying that the Owner is the owner of record of the
Subject Property and (c) the Subject Property becoming contiguous
to the corporate limits of the City of Elgin or the City receiving
a certified copy of a court order presenting the question of the
proposed annexation of the Subject Property, shall pass an
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ordinance annexing the Subject Property to the City. In the event
the City fails to annex the Subject Property within forty-five (45)
days of the accomplishment or the occurrence of all of the
conditions precedent as set forth in this Section 2 the Owner, upon
written notice to the City, may: (1) elect to terminate this
Agreement together with the Petition for Annexation filed in
connection herewith and thereupon this Agreement and the Petition
for Annexation filed in connection herewith shall be null and void
and of no further force and effect; or (2) enforce or compel the
performance of this Agreement, at law or in equity, by suit,
action, mandamus or other legal proceeding, including specific
performance, provided, however, notwithstanding the foregoing or
anything else to the contrary in this Agreement, no action shall be
commenced by the Owner and/or the Developer against the City for
monetary damages. Notwithstanding anything to the contrary herein,
by mutual agreement of the City and Developer, said annexation may
be in one or more phases . The Annexation Plat (s) for the subject
ordinance (s) shall be in the form of Exhibit B attached hereto and
made a part hereof.
3 . A. Immediately after the passage of the ordinance (s)
annexing the Subject Property, as provided in paragraph 2 hereof,
the Corporate Authorities shall pass or adopt the following
ordinances and resolution:
i . an ordinance zoning a portion of the property in
the PSFR2 Planned Single Family Resident District
in the form attached hereto in Group Exhibit C.
ii . an ordinance zoning a portion of the property in
the PCF Planned Community Facility District in the
form attached hereto in Group Exhibit C.
iii . an ordinance zoning the school site portion of the
Subject Property in the PCF Planned Community
Facility District in the form attached hereto in
Group Exhibit C.
iv, an ordinance zoning a portion of the property in
the PMFR Planned Multiple Family Residence District
in the form attached hereto in Group Exhibit C.
V. a resolution approving the Preliminary Plat of
Subdivision for the Highland Woods portion of the
Subject Property prepared by Cemcon Ltd. , dated
February 5, 2004, and the Preliminary Plat of
Subdivision for the Foy Property portion of the
Subject Property prepared by Cemcon, Ltd. , dated
February 5, 2004 (hereinafter referred to
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collectively and alternatively as "the Preliminary
Plat of Subdivision", "Development Plan" or
"Development" ) attached hereto as Exhibit D.
B. It is agreed that in the event the City or the Owner or
any of the Owner' s successors in interest propose to amend the
PSFR2 and/or the PMFR zoning ordinances referred to above, and any
such proposed amendment would involve a proposed change in land
uses, an increase in densities, a decrease in open space, a change
in proposed building designs or the substitution of non-comparable
exterior building materials, that any such proposed rezoning or
amendment to such zoning ordinance shall require the amendment of
this Agreement upon the terms and conditions which are acceptable
to the City and the Owner in the parties respective discretion.
However, with respect to the requirement of the Owner' s signature,
only the written approval of the legal title holder of the interest
in the property affected by the amendment shall be required to
initiate such a proposed amendment to this Agreement .
C. The Subject Property and the Development contemplated
herein shall be developed in accordance with the Conceptual Plans
attached hereto as Exhibit E (hereinafter referred to as the
"Concept Plans" ) and the Preliminary Plat of Subdivision. In the
event of any conflict between the Concept Plans and the Preliminary
Plat of Subdivision the Preliminary Plat of Subdivision shall
control . Engineering for the Subject Property and the Development
contemplated herein shall be in accordance with applicable City
ordinances, as amended by Exhibit G attached hereto, and other
applicable requirements of law. The City and the Developer agree
to make reasonable modifications to the Preliminary Plat of
Subdivision to solve engineering, layout and/or design problems not
reasonably foreseeable at the time of the execution of this
Agreement, provided that such changes are in substantial
conformance with the approved Preliminary Plat of Subdivision, and
do not increase the total number of dwelling units which may be
constructed on the Subject Property as contemplated in the
Preliminary Plat of Subdivision. The parties agree that any
modifications which are provided for in Elgin Municipal Code
Section 19 . 60 . 200, as amended, may be approved by the City' s
Development Administrator without public hearings and without
formal amendment to this agreement .
D. Developer shall be granted final approval for the
subdivision of portions of the Subject Property as depicted in the
Preliminary Plat of Subdivision and shall not be required to submit
a final plat thereof as a single unit, but may submit for approval
in accordance with applicable ordinances of the City such plats for
phased development of the Subject Property as the Developer may
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determine . Any phasing of public improvements, including, but not
limited to, streets, sanitary sewer lines and water lines, shall
require the approval of the City. The City shall approve final
plats of a planned development, subdivision or resubdivision as
submitted if such plat or plats are consistent with (i) applicable
ordinances, (ii) sound engineering practices (iii) the Preliminary
Plat of Subdivision and the Preliminary Engineering Plans, and (iv)
the terms and conditions of this Agreement . Sound engineering
practices shall be construed in accordance with the provisions of
Elgin Municipal Code Title 18 entitled "Subdivisions" and Title 21
entitled "Stormwater Management" and in accordance with the City
regulations entitled "Engineering and Construction Standards and
Specifications" dated July 2001, "Standard Details" and "General
Notes", with revisions thereto as set forth in the document
attached hereto as Exhibit G entitled "Engineering Specifications"
(such ordinances , and regulations as revised by Exhibit G are
hereinafter collectively referred to as the "Engineering
Specifications" ) .
E. Developer shall be responsible for the construction and
installation of those on-site public improvements and utilities
consisting of storm sewers, sanitary sewers, water mains, streets
and appurtenant structures as are needed to adequately service the
Subject Property in accordance with applicable existing City
ordinances, as same may be revised by the Engineering
Specifications set forth in Exhibit G, and other applicable
requirements of law. Except as otherwise specifically provided
herein, public improvements shall be required only for those areas
which are included in each - final plat or plats of planned
development, subdivision, or resubdivision except for such off-site
public improvements, including but not limited to water main loops,
sanitary sewer facilities, and storm water management facilities as
the City may reasonably require based upon generally accepted
engineering standards . Adequate security as provided by city
ordinances shall also be furnished by Developer for any such
improvements . Developer shall dedicate to the City, and, the City
shall accept, all municipal utility easements, including water,
sanitary sewer, and storm sewer easements to detention/retention
facilities, if any, (but not including any portions of storm sewers
that will be owned and maintained by a not-for-profit organization,
a property owners' association or an association consisting of the
owners of the property) included in each phase of the project and
shall also grant easements to applicable utility companies for gas,
electric, telephone, and cable television; all of such easements
and facilities shall be consistent with the City ordinances and
practices regulating condition, placement, use and size of
easements and with the provisions as set forth in Exhibit H
attached hereto .
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4 . A. Notwithstanding anything to the contrary in this
Agreement, this Agreement and each of the parties' obligations
herein are expressly subject to and contingent upon: (a) the City
obtaining a final and nonappealable approval of the City of Elgin' s
Water Quality Management Plan Amendment Application for an
amendment to the Fox River Water Reclamation District Facility
Planning Area to include the Elgin Northwest Expansion Area, as may
be amended by the City, which includes but is not limited to the
Subject Property and the Shodeen Development property known as the
Pingree Creek Development (such City of Elgin Water Quality
Management Plan Amendment Application is hereinafter referred to as
the "Subject FPA Amendment Application") ; and (b) either (i) the
receipt by the City of a certified copy of the ordinance annexing
the Subject Property to the Fox River Water Reclamation District
("FRWRD" ) and including FRWRD' s assurance that it has sufficient
capacity to provide sanitary sewer treatment service for the
Subject Property or (ii) the presentation to the City of a written
agreement in a form acceptable to the City' s Corporation Counsel
whereunder FRWRD agrees to provide sanitary treatment services to
the Subject Property notwithstanding the said Subject Property not
being annexed to FRWRD and including FRWRD' s assurance that it has
sufficient capacity reserved to provide sanitary sewer treatment
service for the Subject Property (such annexation by FRWRD or such
agreement by FRWRD to provide sanitary treatment services to the
Subject Property including in either instance FRWRD' s assurance
that it has sufficient capacity reserved to provide sanitary sewer
treatment service for the Subject Property is hereinafter referred
to as "FRWRD' s Agreement to Service The Subject Property") . In the
event the City does not obtain or receive such a final and
nonappealable approval of the Subject FPA Amendment Application and
FRWRD' s Agreement To Service The Subject Property within twenty-
four (24) months of the date of this Agreement then either party,
upon written notice to the other party, may elect to terminate this
Agreement and thereupon this Agreement shall be null and void and
of no further force and effect . In the event this Agreement is so
terminated and the Subject Property has previously been annexed
into the corporate limits of the City of Elgin the Subject Property
shall be disconnected from the City of Elgin.
B. Notwithstanding anything to the contrary in this
Agreement, it is agreed and understood that no final engineering
plans, plats of subdivision, building permits or other construction
permits or approvals shall be approved or issued for the Subject
Property unless and until the occurrence of the following: (a) the
final and nonappealable approval of the Subject FPA Amendment
Application; and (b) FRWRD' s Agreement To Service The Subject
Property.
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S . Owner represents that off-site utility easements required
to service the Subject Property are described on Exhibit I . The
City agrees that in the event the City is unable to obtain said
utility easements over, under, across, or through property not
owned by Owner or the City or under the Owner' s or the City' s
control which may be necessary or appropriate for the development
of the Subject Property at a cost and on conditions acceptable to
the City; the City shall use, to the full extent permitted by law,
its eminent domain power to secure all easements . All such actions
by the City shall be at no cost to the Owner, which costs shall be
borne solely by the City. Any costs incurred by the City for the
acquisition of easements shall be included in and considered a part
of the City' s reimbursement not to exceed Eight Million Five
Hundred Thousand Dollars ($8, 500, 000) referred to in Section 14
hereof. In the event the Owner is required to pay monies to third
party property owners for the acquisition of off-site easements for
the Subject Sanitary Sewer Line referred to in Section 12 hereof or
for the Subject Water Line referred to in Section 13 hereof, the
City agrees that following the completion of the construction of
such improvements to enact a recapture ordinance or ordinances
which will entitle the Owner to recover from other properties
benefited by the Subject Sanitary Sewer Line or the Subject Water
Line their proportioned share of the costs of such easements .
Notwithstanding anything to the contrary in this Agreement, it is
agreed and understood that no final engineering plans, plats of
subdivision, building permits or other construction permits or
approvals shall be approved or issued for a phase unless and until
the required utility easements for that phase have been secured and
recorded.
6. A. Developer shall pay to the City the impact fees and
contributions as set forth in the schedule attached hereto as
Exhibit J. Such impact fees and contributions shall be paid by
the Developer to the City on a per unit basis (per single family
residence or per commercial building) prior to or concurrent with
the issuance of a building permit . Increases, if any, to such
impact fees and contributions shall not exceed the lesser of
actual percentage increases by the City in the amount of impact
fees and contributions or three percent (30) annual increases . To
the extent that the Developer expends funds for offsite roadway
system improvements, as compared to roadway improvements which are
attributable to the Subject Property such as by way of example
turn lanes providing access to the Subject Property and road
widenings adjacent to the Subject Property, the cost of such
offsite roadway system improvements shall be credited against the
Developer' s obligation for Roadway Contributions . Developer
hereby represents and agrees that it is paying the fees and
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contributions to the City provided for in this paragraph and this
Agreement as an inducement to the City to annex the Subject
Property. Developer further agrees that the contemplated fees and
cash contributions to the City for the improvements which may
ultimately be constructed by the City or the school district with
such fees and cash contributions are acknowledged and agreed to be
specifically and uniquely attributable to the future development
of the Subject Property and the public improvements contemplated
by such fees and cash contributions will not otherwise be
anticipated by the City, the school district or the library
district absent the annexation of the Subject Property. Developer
further hereby acknowledges the propriety, necessity and legality
of the fees and contributions provided for in this paragraph and
this Agreement and waives any and all rights to any and all legal
challenges thereto .
B. The parties understand and agree that the Developer is
fully satisfying City ordinance requirements for park land impact
fees and park capital improvement contributions through the
donation of park lands and open space/conservation areas as
depicted in the Concept Plans and Preliminary Plat of Subdivision
and through the construction of recreational amenities to be
constructed by the Developer within the Subject Development. Land
shall be deemed acceptable for the purpose of satisfying the park
land donation requirement so long as it is not located within the
20 year flood plain. Developer may donate lands to the City
within the 20 year floodplain for additional park lands but such
lands shall not be counted or included within the Park Land
Donation Requirements . Park lands donated to the City by the
Developer shall be improved by the Developer substantially in
conformance with plans to be submitted by the Developer to the
City and subject to the City' s approval which approval shall not
be unreasonably withheld. Said park improvements shall be
completed by the Developer in conjunction with that phase of the
development that the park is located in. Developer' s obligation
pursuant to existing ordinances of the City for Park Capital
Improvements obligations shall be deemed completely satisfied in
the event Developer provides for the construction of a private
swim club/sports core facility on the Subject Property at a cost
of not less than Three Million Dollars ($3, 000, 000) and Developer
provides for the installation at its cost of not less than Thirty-
Five Thousand Dollars ($35, 000) worth of Capital Improvements in
the form of play equipment and landscaping in each of the park
sites on the Subject Property dedicated to and accepted by the
City.
C. The Developer shall convey to the City at no cost the
park sites within the areas as identified as open space on the
Preliminary Plat of Subdivision. The precise location of the park
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sites to be conveyed to the City within the open space areas
identified on the Preliminary Plat of Subdivision shall be as
reasonably determined by the City. In the event any wetlands are
located within the park sites to be conveyed to the City, the
Developer at its cost shall provide for the mitigation of such
wetlands in compliance with all applicable legal requirements . The
Developer shall also convey to the school district at no cost the
school sites as identified on the Preliminary Plat of Subdivision.
Notwithstanding the foregoing the City and the Developer by mutual
agreement may agree to differing park site dedications from the
Developer to the City and/or differing school site dedications from
the developer to the school district as part of the final plats of
subdivision.
7 . Developer agrees that, except as otherwise specifically
set forth below in this Agreement, in the Concept Plans or in the
Preliminary Plat - of Subdivision, the Subject Property shall be
developed in conformance with the open space policies included in
the Far West Area Plan, dated January 26, 2000, which is an
amendment to the Elgin Comprehensive Plan, and is incorporated
herein by reference . The City Council finds that the variety in
residential building design, architectural plans, elevations and
fagades of the proposed rear loading garage single family attached
(townhome) product proposed by the Developer provides a desired
neighborhood and streetscape and, as such, this product type will
be permitted to use any of the following exterior building
materials : wood, stone, brick, stucco, EFIs, . 024 gauge aluminum
and vinyl of each wall facing a street . Single family detached
homes shall have exterior building materials as provided in the
Far West Area Plan but in addition thereto shall also be permitted
to have the exterior building material of EFIs on all or part of
all four elevations . The City Council further finds that the
Master Concept Plan and the Preliminary Plat of Subdivision
satisfy the intent of the Far West Planning Area policies . The
parties understand and agree that the Subject Property is not
located in the Otter Creek Watershed and is therefore not subject
to the Intergovernmental Agreement between the City and the Kane
County Forest Preserve District dated December 19, 1997, as
amended.
8 . Owner shall cause all portions of Subject Property
depicted on a Preliminary Plat as wetlands, screening berms and
entry ponds, common open space area, storm water retention areas,
and dry detention areas either to be retained by Owner or to be
conveyed to a not for profit organization, a Property Owners
Association or associations consisting of the owners of all
property located in areas designated by Owner; unless said areas
are to be dedicated for public ownership and maintenance at the
City' s request . A Declaration or Declarations of Covenants,
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Conditions and Restrictions requiring that the Association or
associations own and maintain areas conveyed thereto shall be
submitted to City for review and approval prior to final plat
approval, said Declaration to be filed for recording, at Owner' s
expense, with the final plat of the applicable phase of Subject
Property as Owner may determine .
9 . Except as specifically permitted pursuant to variation or
planned development approval, or by the Engineering Specifications
set forth in Exhibit G of this Agreement, or Sections 9 and 10 of
this Agreement, all aspects of the development and use of the
Subject Property and construction and installation of improvements
thereon, both on-site and off-site, shall comply fully with all
applicable City ordinances and codes in effect as of the date of
this agreement .
10 . If during the term of this Agreement any existing,
amended, modified or new City ordinances, codes or regulations of
general applicability throughout the community to a land developer
or subdivider affecting the installation of land improvements
(streets, underground utilities, sidewalks, curbs and gutters) upon
the Subject Property are amended or modified in any manner to
impose additional requirements on the installation of land
improvements within the City, the burden of such additional City
requirements shall not apply to the Subject Property
11 . If, during the term of this Agreement, any existing,
amended, modified or new City ordinances, codes or regulations
affecting the zoning, subdivision, development, construction of
improvements, buildings or appurtenances or other regulatory
ordinances regarding the public health, safety and welfare are
amended or modified in any manner to impose less restrictive
requirements on the development of, or construction upon,
properties within the City, then the benefit of such less
restrictive requirements shall inure to the benefit of Owner and
the Subject Property, and anything to the contrary contained herein
notwithstanding, Owner may elect to proceed with respect to the
development of, or construction upon, the Subject Property upon the
less restrictive amendment or modification applicable generally to
all properties within City.
12 . A. After the annexation of the Subject Property into the
corporate limits of the City of Elgin, the annexation of the
Shodeen Development property known as the Pingree Creek Development
into the corporate limits of the City of Elgin, the final and
nonappealable approval of the Subject FPA Amendment Application,
FRWRD' s Agreement to Service the Subject Property, and the
completion by others of the Section 1 Sanitary Sewer Line (as
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hereinafter defined) , the Owner as part of a joint venture with
Shodeen Development shall provide for the construction of a new
sanitary sewer line to and through the Subject Property continuing
to the Shodeen Development Property. The routing of such sanitary
sewer line and the sizes of the sewer pipe for such sanitary sewer
line are depicted as Section 2 and Section 3 in Exhibit L, which is
attached hereto . (The segment of sanitary sewer line depicted as
Section 1 in Exhibit L is throughout this agreement referred to as
the "Section 1 Sanitary Sewer Line" . The segments of sanitary
sewer line depicted in Exhibit L as Sections 2 and Section 3 are
throughout this agreement collectively referred to as the "Subject
Sanitary Sewer Line . " ) The Owner and Shodeen Development shall
cause construction of the Subject Sanitary Sewer Line to be
completed within twenty-four (24) months of the annexation of the
Subject Property and the Shodeen Development property into the
corporate limits of the City of Elgin, the final and nonappealable
approval of the Subject FPA Amendment Application, FRWRD' s
Agreement to Service The Subject Property and the completion of the
construction by others of the Section 1 Sanitary Sewer Line .
Developer and Shodeen Development shall be responsible for
preparing preliminary engineering and final engineering plans for
the Subject Sanitary Sewer Line . Such preliminary engineering
plans and final engineering plans shall be submitted to the City
Engineer for review and the City Engineer' s approval . All aspects
of the routing, location, design and construction of the Subject
Sanitary Sewer Line shall be as determined by the City and subject
to the City' s review and approval . The proposed engineers,
contractors and subcontractors to be utilized for the design and
construction of the Subject Sanitary Sewer Line shall be subject to
the City' s approval which approval shall not be unreasonably
withheld. Developer and Shodeen Development shall also be
responsible for obtaining all necessary permits and other approvals
for the construction of the Subject Sanitary Sewer Line . The
Subject Sanitary Sewer Line shall be constructed in conformance
with all applicable city ordinances, as amended by Exhibit G, and
other requirements of law. Upon completion of the construction of
the Subject Sanitary Sewer Line by the Owner and Shodeen
Development, and upon review and recommendation by the City
Engineer, the Owner and Shodeen Development shall dedicate and the
City Council shall accept the Subject Sanitary Sewer Line. Such
acceptance of the Subject Sanitary Sewer Line by the City shall be
consistent with applicable City ordinances . The City agrees to
reserve sufficient capacity within the Subject Sanitary Sewer Line
to serve the Subject Property.
B. Prior to the Owner and Shodeen Development commencing
with the design and construction of the Subject Sanitary Sewer
Line, the Owner, Shodeen Development and the City shall enter into
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a separate written contract regarding the Owner and Shodeen
Development providing for the design and construction of the
Subject Sanitary Sewer Line . The form of such agreement shall be
as approved by the attorneys for the Owner and Shodeen Development
and the Corporation Counsel of the City. Such agreement shall
provide for all aspects of the design and construction of the
Subject Sanitary Sewer Line consistent with the provisions of this
Agreement. Such agreement shall also provide for the City' s
agreement to pay for a portion of the costs of the design and
construction of the Subject Sanitary Sewer Line as provided in
Section 14 hereof .
C. City hereby agrees to allow Owner, at Owner' s expense, to
tie into the Subject Sanitary Sewer Line to be constructed pursuant
to Section 12A hereof, subject to payments required under any
outstanding reimbursement ordinances, and with payment of all
applicable fees . At Owner' s expense, City agrees to cooperate with
Owner in obtaining all necessary Illinois Environmental Protection
Agency (IEPA) permits required for such sanitary sewer systems and
tie-ins . Owner shall bear all costs for extensions, tie-ins, and
permits consistent with applicable City ordinances . Owner shall be
responsible for the extension of sewer lines in the Subject
Property as shown on the Preliminary Engineering Plans subject to
review and approval by the City Engineer. Owner shall install
sewer line extension improvements on the Subject Property in
compliance with the Final Engineering Plans approved by the City
Engineer for each phase of the development .
D. In the event that the construction of the Section 1
Sanitary Sewer Line has not been completed by others within
eighteen (18) months of the date of this Agreement, it is agreed
that the Owner as part of a joint venture with Shodeen Development
upon written notice to the City may provide for the construction of
the Section 1 Sanitary Sewer Line. In the event that the Owner and
Shodeen Development provide for the design and construction of the
Section 1 Sanitary Sewer Line, the City agrees to reimburse the
Owner and Shodeen Development for a portion of the cost of the
design and construction of the Section 1 Sanitary Sewer Line. The
City' s reimbursement to the Owner and Shodeen Development for the
design and construction of the Section 1 Sanitary Sewer Line shall
be in the amount of actual costs for the design and construction of
such improvement but not to exceed a total reimbursement from the
City of One Million Five Hundred Thousand Dollars ($1, 500, 000) .
Any costs incurred by the City for the acquisition of easements for
the Section 1 Sanitary Sewer Line shall be included in and
considered a part of the City' s reimbursement not to exceed One
Million Five Hundred Thousand Dollars ($1, 500, 000) for the Section
1 Sanitary Sewer Line . Payments to the Owner and Shodeen
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Development for the reimbursement of costs associated with the
design and construction of the Section 1 Sanitary Sewer Line shall
be in the form of payments after the costs for same have been
incurred and the design and construction of the Section 1 Sanitary
Sewer Line has been completed. The City agrees to enact a
recapture ordinance which will entitle the Owner and Shodeen
Development to recover from other properties benefited by the
Section 1 Sanitary Sewer Line their proportionate share of the
costs for such improvement incurred by the Owner and Shodeen
Development in excess of the not to exceed One Million Five Hundred
Thousand Dollar ($1, 500, 000) reimbursement from the City. In the
event the Owner and Shodeen Development provide for the design and
construction of the Section 1 Sanitary Sewer Line, it is agreed
that all aspects of the routing, location, design and construction
of the Section 1 Sanitary Sewer Line shall be as determined by the
City and subject to the City' s review and approval . In such event
the proposed engineers, contractors and subcontractors to be
utilized by the Owner and Shodeen Development for the design and
construction of the Section 1 Sanitary Sewer Line shall be subject
to the City' s approval which approval shall not be unreasonably
withheld. In such event the Owner and Shodeen Development shall be
responsible for obtaining all necessary permits and other approvals
for the construction of the Section 1 Sanitary Sewer Line. In the
event the Owner and Shodeen Development provide for the
construction of the Section 1 Sanitary Sewer Line, and upon review
and recommendation by the City Engineer, the Owner and Shodeen
Development shall dedicate and the City Council shall accept the
completed Section 1 Sanitary Sewer Line . Such acceptance of the
completed Section 1 Sanitary Sewer Line by the City shall be
consistent with applicable City ordinances . The City agrees to
reserve sufficient capacity within the Section 1 Sanitary Sewer
Line to serve the Subject Property.
13 . A. After the annexation of the Subject Property into the
corporate limits of the City of Elgin, the annexation of the
Shodeen Development property known as the Pingree Creek Development
into the corporate limits of the City of Elgin, the final and
nonappealable approval of the Subject FPA Amendment Application and
FRWRD' s Agreement To Service The Subject Property, the Owner as
part of a joint venture with Shodeen Development shall provide for
the construction of the water main improvements which are generally
described in Exhibit M, which is attached hereto (such water main
improvements are hereinafter referred to as the "Subject Water
Line" . ) The Owner and Shodeen Development shall cause construction
of the Subject Water Line to be completed with twenty-four (24)
months of the annexation of the Subject Property and the Shodeen
Development property into the corporate limits of the City of
Elgin, the final and nonappealable approval of the Subject FPA
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Amendment Application and FRWRD' s Agreement to Service The Subject
Property. Owner and Shodeen Development shall be responsible for
preparing preliminary engineering and final engineering plans for
the Subject Water Line . Such preliminary engineering plans and
final engineering plans shall be submitted to the City Engineer for
review and the City Engineer' s approval . All aspects of the
routing, location, design and construction of the Subject Water
Line shall be as determined by the City and subject to the City' s
review and approval . The proposed engineers, contractors and
subcontractors to be utilized for the design and construction of
the Subject Water Line shall be subject to the City' s approval
which approval shall not be unreasonably withheld. Developer and
Shodeen Development shall also be responsible for obtaining all
necessary permits and other approvals for the construction of the
Subject Water Line. The Subject Water Line shall be constructed in
conformance with all applicable city ordinances, as amended by
Exhibit G, and other requirements of law. Upon completion of the
construction of the Subject Water Line by the Owner and Shodeen
Development, and upon review and recommendation by the City
Engineer, the Owner and Shodeen Development shall dedicate and the
City Council shall accept the Subject Water Line. Such acceptance
of the Subject Water Line by the City shall be consistent with
applicable City ordinances .
B. Prior to the Owner and Shodeen Development commencing with
the design and construction of the Subject Water Line, the Owner,
Shodeen Development and the City shall enter into a separate
written contract regarding the Owner and Shodeen Development
providing for the design and construction of the Subject Water
Line . The form of such agreement shall be as approved by the
attorneys for the Owner and Shodeen Development and the Corporation
Counsel of the City. Such agreement shall provide for all aspects
of the design and construction of the Subject Water Line consistent
with the provisions of this Agreement . Such agreement shall also
provide for the City' s agreement to pay a portion of the costs of
the design and construction of the Subject Water Line and provided
in Section 14 hereof.
C. City hereby agrees to allow Owner, at Owner' s expense, to
tie into the water line to be constructed pursuant to Section 13A
hereof, subject to payments required under any outstanding
reimbursement ordinances, and with the payment of applicable fees .
At Owner' s expense, City agrees to cooperate with Owner in
obtaining all necessary Illinois Environmental Protection Agency
(IEPA) permits required for such water main extensions and tie-ins.
Owner shall bear all costs for extensions, tie-ins and permits
consistent with applicable City ordinances . Owner shall be
responsible for the extension of water mains in the Subject
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Property as shown on the Preliminary Engineer Plans subject to
review and approval by the City Engineer . Owner shall install
water line extension improvements on the Subject Property in
compliance with the Final Engineer Plan approved by the City
Engineer for each phase of the development .
14 . After the annexation of the Subject Property into the
corporate limits of the City of Elgin, the annexation of the
Shodeen Development Property known as the Pingree Creek Development
into the corporate limits of the City of Elgin, the final and
nonappealable approval of the Subject FPA Amendment Application,
FRWRD' s Agreement To Service The Subject Property and the
completion of the construction of the Section 1 Sanitary Sewer Line
by others, the City agrees to reimburse the Owner and Shodeen
Development for a portion of the costs of the design and
construction of the Subject Sanitary Sewer Line referred to in
Section 12 hereof and the Subject Water Line referred to in
Section 13 hereof . The City' s reimbursement to the Owner and to
Shodeen Development for the design and construction of the Subject
Sanitary Sewer Line and the Subject Water Line shall be in the
amount of the actual costs for the design and construction of such
improvements but not to exceed to total amount of Eight Million
Five Hundred Thousand Dollars ($8, 500, 000) . The cost for the
design and construction of the Subject Sanitary Sewer Line and
Subject Water Line shall include, but not be limited to,
construction management costs for same. Payments to the Owner and
Shodeen Development for the reimbursement of the costs of the
design and construction of the Subject Sanitary Sewer Line and the
Subject Water Main shall be in the form of payments after the costs
for same have been incurred on a monthly basis . The precise terms
and timing of such payments from the City to the Owner and to
Shodeen Development shall be provided for in the separate written
contract to be entered into between the parties as provided in
Sections 12B and 13B hereof . The Owner and Shodeen Development
shall be responsible and shall pay for all costs for the design and
construction of the Subject Sanitary Sewer Line and Subject Water
Main in excess of Eight Million Five Hundred Dollars ($8, 500, 000) .
In the event the Owner and Shodeen Development are required to pay
costs for the design and construction of the Subject Sanitary Sewer
Line and Subject Water Main which are in excess of the not to
exceed Eight Million Five Hundred Thousand Dollars ($8, 500, 000)
reimbursement from the City, the City agrees to enact a recapture
ordinance or ordinances which will entitle the Owner and Shodeen
Development to recover from other properties benefited by the
Subject Sanitary Sewer Line or the Subject Water Line their
proportionate share of the costs for such improvements incurred by
the Owner and Shodeen Development in excess of said not to exceed
Eight Million Five Hundred Thousand Dollars ($8, 500, 000)
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reimbursement from the City. In the event of the enactment of such
recapture ordinance or ordinances in connection with the Subject
Sanitary Sewer Line and the Subject Water Line it is agreed that
the Owner and Shodeen Development shall receive recapture payments
due to them under such ordinances prior to the City receiving
recapture payments which may be due to the City under any such
recapture ordinances . The foregoing provision regarding the
priority of recapture payments to the Owner and Shodeen Development
shall apply only to recapture ordinances and shall not apply to any
payments received by the City as part of sewer rates or water rates
including, but not limited to, any surcharges on sewer rates or
water rates . Such recapture ordinance or ordinances shall be in
the form as approved by the City' s Corporation Counsel . It is also
expressly agreed and understood by the Owner that the City reserves
the right to recapture or recover from others including, but not
limited to, successor owners of the Subject Property the City' s
reimbursement to the Owner and Shodeen Development for the costs of
the design and construction of the Subject Sanitary Sewer Line and
the Subject Water Line in the form of recapture ordinances, impact
fees, increased sewer rates, increased water rates or other fees
and charges as determined in the sole discretion of the City.
B. Notwithstanding anything to the contrary in the
preceding paragraph 14A hereof, or anything to the contrary in this
Agreement, the responsibility for the costs of those portions of
the Subject Water Main located on either the Subject Property or
the Shodeen Development Property shall be as provided for in this
paragraph 14B. In the event the portions of the Subject Water Line
which are located either on the Subject Property or on the Shodeen
Development Property can be tapped into for household services for
properties adjoining such Water Line then the Owner and Shodeen
Development shall be responsible for the entire equivalent cost of
a 12 inch water main for those portions of the Subject Water Main
which are located either on the Subject Property or on the Shodeen
Development Property. By way of example, if a section of the
Subject Water Line located on the Subject Property is a 12 inch
water line and such water line can be tapped into for household
services for properties adjoining the Subject Portion of the
Subject Water Main, the Owner shall be responsible for the entire
cost of the design and construction of the 12 inch water main
through the Subject Property. By way of further example, if a
section of the Subject Water Line located on the Subject Property
is an 18 inch water line and such water line can be tapped into for
households services for properties adjoining the Subject Portion of
the Subject Water Main, the Owner shall be responsible for the
equivalent costs of the design and construction of a 12 inch water
line through the Subject Property and the balance of the design and
construction of the 18 inch water line through the Subject Property
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shall be considered an oversizing cost. The City shall pay for the
cost for such oversizing from the City' s not to exceed Eight
Million Five Hundred Thousand Dollars ($8, 500, 000) reimbursement
for the Subject Sanitary Sewer Line and Subject Water Line provided
for in paragraph 14A hereof. In the event the Owner and Shodeen
Development are required to pay costs for the design and
construction of the Subject Sanitary Sewer Line and Subject Water
Main which are in excess of the not to exceed Eight Million Five
Hundred Thousand Dollars ($8, 500, 000) reimbursement from the City,
the Owner and Shodeen Development will be instead entitled to
recover such onsite oversizing costs for the Subject Water Main in
the recapture ordinance or ordinances referred to in the preceding
paragraph 14A hereof.
15 . Upon review and recommendation by the City Engineer, the
City Council shall. accept all public rights-of-way and improvements
located thereon, sanitary sewers, storm drainage sewers and water
mains lying within public rights-of-way or public easements on the
Subject Property. Any improvements located in private rights-of-
way shall be installed in easements dedicated for and acceptable to
the City and consistent with the provisions as set forth in
Exhibit H attached hereto . The sewer and water service lines (from
the buffalo box to the residential or commercial unit, as the case
may be) shall not be owned or maintained by the City. Owner shall
replace or repair damage to public improvements installed within,
under or upon the Subject Property resulting from construction
activities by Owner and its employees, agents, contractors and
subcontractors prior to final acceptance by the City, but shall not
be deemed hereby to have released any such other part from
liability or obligations in this regard. Acceptance of public
improvements by the City shall be consistent with applicable City
ordinances .
16 . All residential structures to be constructed on the
Subject Property shall be designed and constructed in conformance
with the requirements of the planned development ordinances
enumerated in paragraph 3 hereof, the representative building
elevations attached hereto as Exhibit N ("Building Elevations") ,
and with the private covenants referred to in the planned
development ordinances . Owner shall provide for the recording of
such private covenants as to those portions of the Subject
Property to be classified in a residential zoning classification.
In the event of any conflict between the provisions of the
planned development ordinances, the building elevations and the
private covenants, the provisions of the planned development
ordinances shall control . Additional building elevations for
residential structures to be constructed on the subject property
may be authorized and approved by the City' s Community Development
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Manager so long as any such additional building elevations
otherwise are in compliance with the terms and provisions of the
planned development ordinances, private covenants and the
annexation Agreement .
17 . This Agreement shall be enforceable in any court of
competent jurisdiction by any of the parties or by an appropriate
action at law or in equity to secure the performance of the
covenants herein contained. Notwithstanding the foregoing, no
action shall be commenced by the Owner against the City for
monetary damages .
18 . This Annexation Agreement shall be in effect for a period
of twenty (20) years from the date of execution hereof and shall be
binding upon and inure to the benefit of the parties hereto, and
their heirs, successors and assigns of all or any part of the
Subject Property.
19 . Owner shall be responsible for the recording fees for
filing and recording of the plat of annexation and any plat or
plats of subdivision or planned development for the Subject
Property.
20 . If any provision of this Agreement is held invalid by a
court of competent jurisdiction or in the event such a court shall
determine that the City does not have the power to perform any such
provisions, such provisions shall be deemed to be excised herefrom
and the invalidity thereof shall not affect any of the other
provisions contained herein. Such judgment or decree shall relieve
the City from performance under such invalid provision of this
Agreement .
21 . This Agreement can be amended, in writing, at any time,
by the mutual consent of all parties to this Agreement, in the
manner provided by law.
22 . The City agrees that, prior to the issuance of final plat
approval the City shall, at the request of the Developer, promptly
issue to the Developer such permits as may be required to permit
the Developer to proceed with the mass grading required for the
construction of the Development; provided, however, that as a
condition to the issuance of such permits, Developer shall be
required to submit to the City all of those matters required by
Title 21 of the of the Elgin Municipal Code, as same may be
amended by the provisions of Exhibit G attached hereto, and to
obtain development permits as required by said Title 21 .
23 . After the annexation of the Subject Property to the City,
it is agreed that the City shall create and establish a Special
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Service Area for the Subject Property pursuant to 35 ILCS 200/27-5,
et seq. , as amended, to provide the City with the source of revenue
for maintaining, repairing, reconstructing or replacing the
stormwater drainage system, detention and retention areas, special
management areas or other improvements located on the Common Area
of the Subject Property should the entity owning the land on which
such facilities or improvement are located fail to perform
maintenance, repair, reconstruction or replacement in accordance
with City ordinances or other applicable requirements of law. The
Developer and any of the Developer' s successors in interest agree
to and do hereby waive any and all protests, objections and/or
rights to petition for disconnection regarding such Special Service
Area for the Subject Property. The Special Service Area is for the
exclusive purpose of creating a revenue source to the City for the
referenced maintenance, repairs, reconstruction or replacement and
are not intended and shall not be construed to create an obligation
of the City to provide for such maintenance, repairs,
reconstruction or replacement .
24 . Whenever consent or approval of the City is required in
order for Developer to accomplish the purpose and intent hereof,
such consent shall not be unreasonably withheld, conditioned, or
unduly delayed. If such consent or approval is denied, such denial
shall be in writing and shall specify the reason or reasons for
such denial .
25 . Except as may be required pursuant to the Kane County
stormwater management ordinance, the City shall issue no stop
orders directing work stoppages on buildings or parts of the
Subject Property without setting forth the alleged violations in
writing, and Developer shall forthwith proceed to correct such
violations as may exist; provided, however, that the City shall
give reasonable advance written notice to Developer of its
intention to issue stop orders in advance of the actual issuance of
such stop orders, except in the event an emergency is deemed to
exist by the City.
26 . The City agrees to issue, within a reasonable time after
initial submission, review, and approval of building construction
plans, and the payment of required building permit fees and all
other applicable fees, all necessary building and other permits for
the construction of any and all improvements on the Subject
Property or issue a letter of denial within said period of time
informing Developer and the applicant as to wherein the application
does not conform to the stated section of the Code. The issuance of
a building permit, in and of itself, shall not be construed as a
guarantee that a Certificate of Occupancy shall be issued, it being
the intention of the parties that the issuance of a Certificate of
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Occupancy shall be subject to the provisions of Paragraph 27
hereof.
27 . The City agrees to issue Certificates of Occupancy within
a reasonable time (which, in any event, shall not exceed 10
business days) after application or to issue a letter of denial
within said period of time informing Developer and the individual
or entity to whom the building permit was issued specifically as to
those corrections necessary as a condition to the issuance of a
Certificate of Occupancy and quoting the section of the Code relied
upon by the City in its request for correction. The City agrees
that Certificates of Occupancy (temporary or permanent, as the case
may be) shall be issued upon (a) proper application of the
appropriate party, (b) compliance with all applicable building
codes, zoning ordinance requirements and other applicable
requirements of law, and (c) receipt and approval by the City of a
performance bond (or a suitable alternative such as an irrevocable
letter of credit or a cash deposit) covering one hundred twenty-
five (125%) percent of the cost of any incomplete site work. The
City shall allow one master bond at a mutually agreed upon amount
to cover any incomplete work for multiple numbers of dwelling
units, which amount shall be increased in the event the City
determines that the amount of the bond is insufficient .
28 . A. Except with respect to the construction of the off-
site sanitary sewer, it is understood that prior to the
construction of any streets or any other public improvements,
Developer shall submit the required plans, final plat,
specifications and engineer' s estimate of probable cost, for
approval by the City Engineer, as provided herein, and after
approval thereof by the City Engineer and upon providing the
required surety bond, the Developer may proceed to construct said
streets and other public improvements . Upon installation of the
asphalt base course and upon completion of other portions of the
improvements, the security shall be reduced to an amount which, in
the opinion of the City Engineer, is sufficient to ensure
completion of the work yet to be performed.
B. The acceptance of public improvements by the City shall
(i) be accomplished within a reasonable time after notice of
completion by Developer and full compliance with applicable codes
and ordinances, (ii) follow the posting by Developer of a guarantee
bond or a letter of credit acceptable to the City in accordance
with applicable ordinances, and (iii) be made only by the passage
of a resolution by the City Council of the City after filing with
the City Clerk of a certificate by the City Engineer certifying
that all such improvements have been completed and the construction
or installation thereof has been approved by him. If appropriate
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under the circumstances, such acceptance shall be in phases, as
such phases are complete .
C. From and after the acceptance of any public improvements
by the City, such public improvements shall be maintained,
reconstructed, repaired, and replaced by the City and all cost and
expense of operation, maintenance, repair, reconstruction, and
replacement of such public improvements shall be the sole
responsibility of the City. A one (1) year Warranty period bonding
or a suitable alternative (such as an irrevocable letter of credit
or a cash deposit) shall be provided in accordance with ordinances
of the City.
D. It shall be a condition to the City' s obligation to
accept dedication of any public improvement that the dedication of
such improvement , be accompanied by the grant of appropriate
easements consistent with the provisions of Exhibit H attached
hereto to permit the City to carry out its responsibilities with
respect to such improvements .
29 . Except as otherwise provided by law including, but not
limited to, the provisions of 70 ILCS 705/20 (b) , from and after the
annexation of the Subject Property to the City, the City shall from
time to time provide, on a basis comparable to and not less
favorable than that applicable to other areas of the City bearing
similar characteristics to the Subject Property, all services for
the Subject Property and the occupants and properties located
therein, of the same kind, character, and quality including,
without limitation, fire protection and police protection, which
are at any such time provided for other areas of the City. It is
agreed and understood that the services referred to in this
paragraph that the City will be providing are general services only
and that no special duties or obligations are intended nor shall be
deemed or construed to be created by this Agreement. It is further
agreed and understood that this Agreement is not intended nor shall
be construed to alter, limit, or constitute a waiver of any of the
civil immunities afforded the City and/or its employees pursuant to
the Local Governmental and governmental Employees Tort Immunity Act
at 745 ILCS 10/1-101 et seq. , as amended, it being agreed that all
of the civil immunities as set forth in such Act, as amended, shall
fully apply to any claims asserted or which might be asserted
against the City and/or its employees as a result of this Agreement
or any of the actions of the parties pursuant to this Agreement .
Without limiting the foregoing, it is further agreed and understood
that the City and/or its employees as a result of this Agreement or
any of the actions of the parties pursuant to this Agreement shall
not be liable to any party to this Agreement or to any other person
or entity for failure to provide adequate police protection or
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service, failure to prevent the commissions of crime, failure
detect or solve crimes, failure to identify or apprehend criminals,
failure to provide fire protection, rescue, or emergency service,
failure to suppress or contain a fire, or failure to provide or
maintain sufficient personnel, equipment, or other fire protection
facilities . Notwithstanding anything to the contrary in this
paragraph or in this Agreement, it is agreed and understood that no
action may be commenced by any person or entity against the City or
its officials, officers, employees, or other related persons or
entities for monetary damages for any alleged breach of the
provisions of this paragraph or other provisions of this Agreement.
30 . The parties hereto agree that there has been taken all
action required by law, including the holding of such hearings as
may be required, to bring about the amendments to the Zoning
Ordinance of the City and other related ordinance amendments as may
be necessary or proper in order to zone and classify the Subject
Property so as to enable the same to be used and developed as
contemplated herein and to enable the parties to execute this
Agreement and fully carry out the covenants, agreements, duties,
and obligations created and imposed by the terms and conditions
hereof.
31. The City and Developer acknowledge that the only
recaptures due and owing from the Developer due to the City are
those set forth in the City' s Impact Fee Schedule (Exhibit J) . The
City agrees that it shall not approve any recapture agreements
burdening Developer with additional recapture obligations without
Developer' s consent .
32 . A. Prior to the commencement of the construction and
final plat approval for each phase, the Developer shall submit to
the City Development Administrator a plan showing the location of
all proposed temporary construction and sales trailers/offices,
including parking areas, fencing, signage and landscape treatment
for that phase . Said plan shall also indicate the one general
location of where all construction and material storage trailers
other than the trailers for the sales office shall be located for
that phase . The Developer shall be permitted twelve (12)
construction trailers and twelve (12) material storage trailers for
each phase. The Developer shall have the right to use the
construction and material storage trailers for the purpose of its
construction and sales activities until construction is completed
on the Subject Property. The Developer shall keep such area free of
debris and rubbish and keep the area free of weeds and in a mowed
condition, and the City may inspect such area from time to time to
determine that Developer is in compliance with its obligations
hereunder.
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B. Construction of temporary facilities shall be in
compliance with the provisions of the City' s building code, except
that sewer and water need not be connected to the temporary
facilities . Paved drives and parking areas (weather permitting)
shall be provided to accommodate vehicular access to all temporary
sales trailers/office facilities . The Developer agrees to hold the
City harmless for any liability associated with the installation
and operation of any temporary facilities .
33 . A. Prior to final plat and engineering approval for any
phase of the development and in advance of completing the
installation of sanitary, storm drainage system, water mains and
roadway improvements, the Developer shall be permitted at the
Developer' s sole risk, to construct and maintain fifteen (15) model
home areas and associated sales offices ("Model Areas") ; to
construct and maintain other appurtenant facilities for said model
units, including an 6x10 foot sales office marquee and temporary
sanitary facilities subject to any required permits from the
applicable health department (if the same are not operated as "dry"
models) , and to construct and maintain temporary parking areas .
Developer may construct and operate "'dry" models . A condition of
approval shall be that the City' s Development Administrator and the
City' s Fire Marshall or his designee are satisfied that access to
the Model Areas is safe and adequate . If, at the time the use of
the models is commenced, weather conditions will not permit the
paving of the access drive and parking areas for such models,
access and parking may be stone or gravel and paving shall occur
when weather conditions permit . The Developer shall have the right
to occupy and use said models, as well as their garages, for sale,
sales promotions and offices for sales personnel, all as may be
desirable or in any way connected with the sales of dwellings on
the Subject Property.
B. Construction of models shall be in compliance with the
provisions of the City' s Building Code, except that sewer and water
need not be connected to the models so long as the Developer
provides well and septic facilities in accordance with applicable
City and County regulations; and provided further, that each model
shall not be occupied for residential dwelling purposes until such
time as the public improvements are sufficiently completed for the
City to issue a Certificate of Occupancy.
C. Notwithstanding any City ordinances to the contrary, for
as long as the model area is used for selling dwelling units, the
Developer shall have the right to erect fencing on a temporary
basis that entirely encloses the model area and directs model area
traffic. It is further understood that successor developers shall
be entitled to signs and models in replacement of those to which
Developer is entitled. It is understood that signs and fences
-23-
provided for herein shall be subject to the approval of the City
Zoning Administrator and that no signs or fences shall be placed
upon the public right-of-way.
D. At such time as the City has approved building plans for
any model of a dwelling unit (including extras or options) , the
same shall constitute a "master approval" of the plans for such
model . Thereafter, subsequent building permit applications for any
model which conforms to the plans for which a master approval has
been made shall include documentation customarily required for
building permit applications but shall not be required to include
additional copies of building plans . The Developer shall provide
the city with sufficient copies of plans for which master approval
has been given, for use in the field as dwelling units are
constructed. Nothing contained herein shall relieve Developer from
the obligations to pay permit fees for each dwelling unit for which
a building permit is sought.
34 . Developer shall at all times post in a conspicuous place
within the sales office, a copy of the Development Plan and a map
designating surrounding land uses and public properties on adjacent
lands .
35 . The Developer shall pay (or reimburse the City for
payment of) the disconnection fee, if any, payable to the Pingree
Grove Fire Protection District under the provisions of 70 ILCS
705/20 (e) . At the time of annexation, the Developer shall deposit
with the City the amount of such disconnection fee; provided,
however, that if such disconnection fee cannot be determined with
precision, then the Developer shall deposit with the City the
estimated amount of such disconnection fee (based on the last
ascertainable tax bill) , and upon the issuance of the final tax
bill upon which such calculation and loss, according to statute, be
based, the City and the Developer shall equitably readjust the
amount of such payment.
36 . This Agreement is and shall be deemed and construed to be
the joint and collective work product of the City and Developer
and, as such, this Agreement shall not be construed against any
party, as the otherwise purported drafter of same, by any court of
competent jurisdiction in order to resolve any inconsistency,
ambiguity, vagueness or conflict in terms or provisions, if any,
contained herein.
37 . Notwithstanding anything to the contrary contained in
Paragraph 17 of the Agreement, it is agreed that the parties hereto
shall have the following rights and remedies in the event of a
breach or default hereunder.
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(a) enforce or compel the performance of this
Agreement, at law or in equity by suit, action,
mandamus, or any other proceeding, including
specific performance;
(b) maintain an action to recover any sums which the
other party has agreed to pay pursuant to this
Agreement and which have become due and remain
unpaid for more than 15 days following written
notice of such delinquency.
It is expressly acknowledged and agreed that except as
provided in subparagraph (b) above, neither party shall have the
right to seek or recover a judgment for monetary damage against the
other or their respective officers, directors, employees, agents or
elected public officials .
38 . This Agreement is adopted pursuant to the provisions of
the Illinois Municipal Code; provided, however, that any
limitations in the Illinois Municipal Code in conflict with the
provisions of this Agreement shall not be applicable, and as to all
such provisions the City hereby exercises its powers pursuant to
the provisions of Article VII, Section 6 of the Constitution of the
State of Illinois . Simultaneously with the annexation of the
Subject Property and without further public hearings, the City
agrees, to the extent it may lawfully do so, to adopt such
ordinances as may be necessary to effectuate the use of its home
rule powers . City recognizes and agrees that the entry into this
Agreement, the annexation of the Subject Property to the City, and
the zoning of the Subject Property as set forth in Paragraph 3
hereof, are upon the express reliance by Developer that the terms
and provisions of this Agreement shall be valid for the term set
forth in Paragraph 17 hereof and that the City shall take no action
which shall in any way be contrary to, or inconsistent with, the
terms and provisions of this Agreement .
39 . The provisions contained herein shall survive the
annexation of the Subject Property and shall not be merged or
expunged by the annexation of the Subject Property or any part
thereof to the City. This Agreement shall be construed under the
laws of the State of Illinois . The parties agree that venue shall
be proper only in the Circuit Court for the Sixteenth Judicial
Circuit, Kane County, Illinois .
40. Except as otherwise provided herein, it is understood and
agreed by the parties hereto that, in the event all or any portion
of the Subject Property is sold or conveyed at any time during the
terms of this Agreement, all of the obligations and
responsibilities of the Developer deriving from this Agreement for
-25-
the parcel sold or otherwise conveyed shall devolve upon and be
assumed by such purchaser or grantee, and the Developer as herein
defined shall be released from all obligations of the Developer
which relate to the sold portion of the Subject Property upon same
being sold or conveyed.
41 . Notices or other writings which any party is required or
may wish to serve upon any other party in connection with this
Agreement shall be in writing and shall be delivered personally or
sent by registered or certified mail, return receipt requested,
postage prepaid, or by a nationally recognized overnight courier,
prepaid, addressed as follows :
If to the City or to the Corporate Authorities :
City of. Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: City Clerk
With a copy to : City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: Corporation Counsel
If to Owner or Developer:
Marvin L. Bailey, Senior Vice President & General Manager
Pingree LLC
3600 Thayer Court, Suite 100
Aurora, Illinois 60504
With a copy to : John Mays
Attorney at Law
Gould & Ratner
222 N. LaSalle Street, Suite 800
Chicago, Illinois 60601
42 . If the Subject Property, or portions thereof, are
currently used for the planting, harvesting, housing, storage and
selling of soil grown crops then the Subject Property or the
portions thereof used for such purposes may continue to be used
from time to time for the planting, harvesting, housing, storage
and selling of soil crops grown on the Subject Property as lawful
nonconforming uses until such time as another use allowed under the
City of Elgin Zoning Ordinance is established or until it is under
development as provided herein.
-26-
43 . It is agreed that time is of the essence of this
Agreement and each and every term and condition hereof and that the
parties shall make every reasonable effort to expedite the matters
included herein.
44 . The City and Developer agree to take all steps necessary
or appropriate to carry out the terms of this Agreement and to aid
and assist the other party, including enactment of such resolutions
and ordinances and the taking of such other actions as may be
necessary or desirable to enable the parties to comply with and
give effect to the terms of this Agreement .
45 . This Agreement shall insure to the benefit of, and be
binding upon, the parties hereto, the successors in title of the
Developer, and each of them, their respective successors, grantees,
lessees, and assigns, and upon successor corporate authorities of
the City and successor municipalities .
46 . This Agreement may be executed in any number of
counterparts and duplicate originals, each of which shall be deemed
an original, but all of which shall constitute one and the same
instruments .
47 . This Agreement constitutes a covenant running with the
land composing the Subject Property, binding upon the parties
hereto, the successors in title of the Developer and each of them,
all grantees, successors, and assigns of the respective parties
hereto, including successor corporate authorities and successor
municipalities of the City.
48 . In the event any phrase, paragraph, article or portion of
this Agreement is found to be invalid or illegal by any court of
competent jurisdiction, such finding of invalidity as to that
portion shall not affect the validity, legality or enforceability
of the remaining portions of this Agreement .
49 . Except as provided in paragraph 4A herein, neither the
Developer nor any of the Developer' s successors in interest shall
file, cause to be filed, or take any action that would result in
the disconnection or deannexation of the Subject Property from the
City of Elgin during the term of this Agreement .
50 . The parties understand and agree that the Edward J.
Rembowski Trust under Trust Agreement dated March 1, 1991 and the
Straub Family Trust under Trust Agreement dated January 1, 2001
(collectively the "Trusts") are executing this Agreement solely for
the reason that the Trusts are the owners of record of certain
_27_
portions of the Subject Property and may continue to be the owners
of record of portions of the Subject Property during the term of
this Agreement . The parties hereto further understand and agree
that the Trusts do not intend to become a Developer of the Subject
Property although the Trusts may from time to time execute various
documents, such as subdivision plats, applications for utility
permits, and the like in order to comply with rules and regulations
applicable to the development of the Subject Property. In light of
the foregoing, the parties hereto agree that in the event of any
action by the City seeking to enforce the provisions of this
Agreement, the City will look to Pingree L.L.C. and its successors
and assigns, and the successors and assigns of the Trusts for the
performance of the obligations of this Agreement .
IN WITNESS WHEREOF, the Elgin Corporate Authorities and Owner
have hereunto set their hands and seals and have caused this
instrument to be executed by their duly authorized officials and
the corporate seal affixed hereto, all on the day and year first
above written.
CITY OF ELGIN, a municipal OWNERS
corporation PINGREE LLC, an Illinois limited
liability company
By
Mayor Marvin L. Bailey
Senior Vice President ad
General Manager
Attest : EDWARD J. REMBOWSKI TRUST UNDER
TRUST AGREEMENT DATED MARCH 1,
6 1991 �
4 elab By
City Cle k
STRAUB FAMILY TRUST UNDER TRUST
AGREEMENT DATED JANUARY 1, 2001
By
F:\Legal Dept\Agreement\Annexation-Crown-Final.doc
-28-
EXHIBIT LIST
Exhibit A: Legal Description of Subject Property
Exhibit B: Annexation Plat
Group Exhibit C: PSFR2 Zoning Ordinance, PCF Zoning Ordinance for
Open Space and Park Sites, PMFR Zoning
Ordinance, PCF Zoning Ordinance for School Site,
Resolution approving Preliminary Plat of
Subdivision
Exhibit D: Preliminary Plat of Subdivision
Exhibit E: Concept Plans
Exhibit F: Intentionally Omitted
Exhibit G: Engineering Specifications
Exhibit H: Easement Provisions
Exhibit I : Listing of Offsite Utility Easements
Exhibit J: Schedule of Impact Fees and Contributions
Exhibit K: Intentionally Omitted
Exhibit L: Sanitary Sewer Routing Plan
Exhibit M: Description of Subject Water Line
Exhibit N: Building Elevations for Residential Structures
-29-
EXHIBIT "A"
PARCEL A
THAT PART OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP
41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS : BEGINNING AT A POINT IN THE EAST
LINE OF SAID NORTHEAST QUARTER, 8 . 23 AND A HALF CHAINS
NORTH OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 11, THENCE ALONG THE SECTION LINE 11 . 76 AND A
HALF CHAINS; THENCE WEST PARALLEL WITH THE SOUTH LINE OF
SAID SECTION 11 . 1 CHAINS; THENCE SOUTH 29 DEGREES 10
MINUTES WEST 5. 47 CHAINS TO A POINT IN THE CENTER OF THE
HIGHWAY; THENCE SOUTH 51 DEGREES EAST ALONG THE CENTER OF
SAID HIGHWAY 4 CHAINS; THENCE SOUTH 64 DEGREES EAST ALONG
THE CENTER OF SAID HIGHWAY 9 . 78 CHAINS; THENCE
SOUTHEASTERLY ALONG THE CENTER OF SAID HIGHWAY ABOUT 9 RODS
TO THE EAST LINE OF SAID SECTION 11; THENCE NORTH ALONG THE
SECTION LINE 4 AND A HALF RODS TO THE POINT OF BEGINNING,
IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS .
PART OF THE SOUTHEAST QUARTER OF SECTION 2 AND PART OF THE
NORTHEAST QUARTER AND NORTHWEST QUARTER OF SECTION 11,
TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST
CORNER OF SAID SECTION 2; THENCE NORTH ALONG SECTION LINE
15. 12 CHAINS; THENCE WEST PARALLEL WITH SOUTH LINE OF SAID
SECTION, 28 . 36 CHAINS; THENCE SOUTH 8 DEGREES EAST 15.27
CHAINS TO A POINT ON THE SOUTH LINE OF SAID SECTION, 6. 05
CHAINS WEST OF THE SOUTHEAST CORNER OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 2; THENCE WEST ALONG SAID
SOUTH LINE 17 . 65 CHAINS TO A POINT IN THE CENTER OF THE
ROAD; THENCE SOUTH 17 AND A QUARTER DEGREES EAST ALONG THE
CENTER OF SAID ROAD 2 .55 CHAINS; THENCE SOUTH 47 DEGREES
EAST ALONG THE CENTER OF SAID ROAD 8 . 60 CHAINS; THENCE
SOUTH 55 DEGREES EAST ALONG THE CENTER OF THE SAID ROAD
6. 40 CHAINS; THENCE SOUTH 67 DEGREES EAST ALONG THE CENTER
OF SAID ROAD, 5 . 87 CHAINS; THENCE SOUTH 56 AND THREE
QUARTERS DEGREES EAST ALONG THE CENTER OF SAID ROAD, 7 . 17
CHAINS TO A POINT IN THE WEST LINE OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 11, AFORESAID 1 . 53
CHAINS NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE
SOUTHEASTERLY ALONG THE CENTER OF SAID ROAD TO ITS
INTERSECTION WITH THE SOUTH LINE OF SAID NORTHEAST QUARTER
OF NORTHEAST QUARTER OF SECTION 11; THENCE SOUTH 43 AND ONE
HALF DEGREES EAST, 6 .25 CHAINS; THENCE NORTH 29 DEGREES
EAST 5 . 47 CHAINS TO A POINT IN THE SOUTH LINE OF THE
EXHIBIT "A" CONTINUED
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11 ;
THENCE EAST 11 . 10 CHAINS TO THE EAST LINE OF SECTION 11 ;
THENCE NORTH 20 CHAINS TO THE NORTHEAST CORNER OF SAID
SECTION 11 AND THE POINT OF BEGINNING (EXCEPT THAT PART OF
THE NORTH HALF OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS :
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER
OF SAID SECTION; THENCE EAST ALONG THE NORTH LINE OF SAID
SECTION 805 .2 FEET TO THE CENTER LINE OF THE DITCH OF THE
PLATO RUTLAND DRAINAGE DISTRICT; THENCE SOUTH 48 DEGREES 25
MINUTES WEST 819 FEET TO THE CENTER LINE OF THE PUBLIC
HIGHWAY; THENCE NORTHWESTERLY ALONG SAID CENTER LINE OF A 3
DEGREES 11 MINUTES CURVE TO THE RIGHT 686. 9 FEET TO THE
NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH
LINE 223 . 6 FEET TO THE POINT OF BEGINNING) , IN THE TOWNSHIP
OF PLATO, KANE COUNTY, ILLINOIS .
AND ALSO EXCEPT:
THAT PART OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, FURTHER DESCRIBED AS :
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 11,
TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN; THENCE SOUTH 00 DEGREES 07 MINUTES 24 SECONDS
EAST, 1324 . 65 FEET ALONG THE EAST LINE OF SAID SECTION 11 ;
THENCE SOUTH 89 DEGREES 18 MINUTES 17 SECONDS WEST, 732 . 60
FEET; THENCE SOUTH 28 DEGREES 54 MINUTES 35 SECONDS WEST,
361 . 02 FEET TO THE CENTERLINE OF HIGHWAYS AS DESCRIBED PER
DEED 982345; THENCE NORTH 42 DEGREES 55 MINUTES 49 SECONDS
WEST ALONG SAID DESCRIBED CENTERLINE, 69 . 34 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 34 DEGREES 55 MINUTES 02
SECONDS EAST, 388 . 75 FEET; THENCE NORTH 45 DEGREES 22
MINUTES 03 SECONDS WEST, 560 . 00 FEET; THENCE SOUTH 34
DEGREES 55 MINUTES 02 SECONDS WEST, 398 . 03 FEET TO THE
AFOREMENTIONED DESCRIBED CENTERLINE (THE FOLLOWING THREE
COURSES ARE ALONG SAID DESCRIBED CENTERLINE) ; THENCE SOUTH
56 DEGREES 45 MINUTES 00 SECONDS EAST, 48 . 65 FEET; THENCE
SOUTH 50 DEGREES 42 MINUTES 34 SECONDS EAST, 157 . 13 FEET;
THENCE SOUTH 42 DEGREES 55 MINUTES 49 SECONDS EAST, 354 . 61
FEET TO THE POINT OF BEGINNING, ALL IN TOWNSHIP 41 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY,
ILLINOIS .
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
12, TOWNSHIP AND RANGE AFORESAID, IN THE TOWNSHIP OF PLATO,
KANE COUNTY, ILLINOIS .
EXHIBIT "A" CONTINUED
THAT PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 41
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER
OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 12, THENCE WEST ALONG THE NORTH LINE OF SAID
QUARTER QUARTER 554 . 8 FEET FOR THE POINT OF BEGINNING;
THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SECTION
1497 . 32 FEET TO THE CENTER LINE OF STATE ROAD; THENCE
NORTHWESTERLY ALONG THE CENTER LINE OF SAID STATE ROAD
376. 31 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID
CENTER LINE 215. 0 FEET; THENCE NORTHWESTERLY AT RIGHT
ANGLES TO THE LAST DESCRIBED LINE 336 . 80 FEET; THENCE
SOUTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE
215. 0 FEET TO THE CENTER LINE OF SAID STATE ROAD; THENCE
NORTHWESTERLY ALONG SAID CENTER LINE TO THE WEST LINE OF
SAID SECTION 12; THENCE NORTH ALONG SAID WEST LINE 12 . 32
CHAINS TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SAID SECTION; THENCE EAST ALONG
THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID NORTHWEST
QUARTER 781 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP
OF PLATO, KANE COUNTY, ILLINOIS .
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP
41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF
SAID SOUTHWEST QUARTER; THENCE NORTH 0 DEGREES 44 MINUTES
16 SECONDS EAST ALONG THE WEST LINE OF SAID QUARTER SECTION
1004 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 10 SECONDS
EAST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION
1323 . 63 FEET; THENCE SOUTH 0 DEGREES 44 MINUTES 16 SECONDS
WEST PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION
1004 FEET TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE
NORTH 89 DEGREES 38 MINUTES 10 SECONDS WEST ALONG SAID
SOUTH LINE 1323 . 63 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS .
PARCEL B
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP
41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST
QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF SAID
QUARTER 1004 . 0 FEET FOR THE POINT OF BEGINNING; THENCE
EXHIBIT "A" CONTINUED
EASTERLY ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID
QUARTER FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 23
SECONDS FROM THE PROLONGATION OF THE LAST DESCRIBED COURSE
(MEASURED CLOCKWISE THEREFROM) 1323 . 63 FEET; THENCE
SOUTHERLY ALONG A LINE PARALLEL WITH SAID WEST LINE FORMING
AN ANGLE OF 89 DEGREES 33 MINUTES 23 SECONDS FROM THE LAST
DESCRIBED COURSE (MEASURED COUNTER CLOCKWISE THEREFROM)
1004 . 0 FEET TO A POINT ON SAID SOUTH LINE THAT IS 1323 . 63
FEET EASTERLY OF SAID SOUTHWEST CORNER; THENCE EASTERLY
ALONG SAID SOUTH LINE FORMING AN ANGLE OF 89 DEGREES 33
MINUTES 23 SECONDS FROM THE LAST DESCRIBED COURSE (MEASURED
CLOCKWISE THEREFROM) 1335 . 34 FEET TO THE SOUTHEAST CORNER
OF SAID QUARTER; THENCE NORTHERLY ALONG THE EAST LINE OF
SAID QUARTER FORMING AN ANGLE OF 89 DEGREES 52 MINUTES 49
SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE
THEREFROM) 1792 . 75 FEET TO THE SOUTH RIGHT OF WAY LINE OF
THE IOWA, CHICAGO AND EASTERN RAILROAD (FORMERLY KNOWN AS
THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD) ; THENCE
WESTERLY ALONG SAID SOUTH RIGHT OF WAY FORMING AN ANGLE OF
103 DEGREES 46 FEET 54 SECONDS WITH THE LAST DESCRIBED
COURSE (MEASURED CLOCKWISE THEREFROM) 2713 . 15 FEET TO THE
SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE
FORMING AN ANGLE OF 76 DEGREES 46 MINUTES 54 SECONDS FROM
THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM)
1429. 65 FEET TO THE POINT OF BEGINNING IN PLATO TOWNSHIP,
KANE COUNTY, ILLINOIS .
PARCEL C
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 1 AND THAT
PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 41
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF
SAID NORTHEAST QUARTER; THENCE SOUTH ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 252 . 92 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTH 73 DEGREES, 30 MINUTES, 32 SECONDS
EAST 757 . 33 FEET; THENCE NORTH 12 DEGREES, 28 MINUTES, 20
SECONDS EAST 1055 . 2 FEET; THENCE NORTH 29 DEGREES, 45
MINUTES, 00 SECONDS EAST 687 . 83 FEET TO THE CENTER LINE OF
HIGHLAND AVENUE ROAD; THENCE SOUTHEASTERLY ALONG SAID
CENTER LINE TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF
SECTION 1; THENCE SOUTHERLY ALONG SAID EAST LINE AND THE
EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 12 TO THE
SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE
EXHIBIT "A" CONTINUED
NORTHWESTERLY TO A POINT ON THE WEST LINE OF SAID NORTHEAST
QUARTER THAT IS 735.24 FEET NORTH OF THE SOUTHWEST CORNER
OF SAID NORTHEAST QUARTER; THENCE NORTH ALONG SAID WEST
LINE 1650 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART
DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER
OF SAID SOUTHEAST QUARTER OF SECTION 1 ; THENCE NORTH ALONG
THE WEST LINE OF SAID SOUTHEAST QUARTER 712 . 5 FEET; THENCE
SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 98 DEGREES,
50 MINUTES, 0 SECONDS TO THE RIGHT WITH THE PROLONGATION OF
THE LAST DESCRIBED LINE 965.2 FEET FOR THE POINT OF
BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG THE LAST
DESCRIBED LINE 791 FEET; THENCE NORTHEASTERLY ALONG A LINE
FORMING AN ANGLE OF 81 DEGREES, 08 MINUTES, 00 SECONDS TO
THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE
405. 1 FEET TO SAID CENTER LINE OF HIGHLAND AVENUE ROAD;
THENCE NORTHWESTERLY ALONG SAID CENTER LINE . 655 . 8 FEET;
THENCE SOUTHWESTERLY 688 FEET TO THE POINT OF BEGINNING AND
ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS : COMMENCING AT
THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE
NORTHERLY, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, A
DISTANCE OF 712 . 50 FEET; THENCE SOUTHEASTERLY, ALONG A LINE
THAT FORMS AN ANGLE OF 98 DEGREES 50 MINUTES, 00 SECONDS TO
THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED
COURSE, A DISTANCE OF 1756. 20 FEET TO THE SOUTHEASTERLY
CORNER OF DOCUMENT NO. 1515428 FOR THE POINT OF BEGINNING;
THENCE SOUTHEASTERLY, ALONG A LINE THAT FORMS AN ANGLE OF
21 DEGREES, 44 MINUTES 26 SECONDS TO THE RIGHT WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF
330. 92 FEET; THENCE NORTHEASTERLY, ALONG A LINE THAT FORMS
AN ANGLE OF 102 DEGREES 52 MINUTES 26 SECONDS TO THE LEFT
OF THE PROLONGATION OF THE LAST DESCRIBED COURSE, PARALLEL
WITH THE SOUTHEASTERLY LINE OF SAID DOCUMENT NO. 1515428, A
DISTANCE OF 405. 10 FEET TO THE CENTER LINE OF HIGHLAND
AVENUE ROAD; THENCE NORTHWESTERLY, ALONG SAID CENTER LINE,
A DISTANCE OF 330 . 92 FEET TO THE NORTHEASTERLY CORNER OF
AFORESAID DOCUMENT NO. 1515428; THENCE SOUTHWESTERLY, ALONG
THE SOUTHEASTERLY LINE OF SAID DOCUMENT NO. 1515428, A
DISTANCE OF 405 . 10 FEET TO THE POINT OF BEGINNING) , (EXCEPT
THAT PART LYING IN HIGHLAND AVENUE AS DEDICATED PER
DOCUMENT NUMBER 526525) IN PLATO TOWNSHIP, KANE COUNTY,
ILLINOIS .
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
12, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS .
EXHIBIT "A" CONTINUED
PARCEL D
THAT PART OF THE WEST HALF OF SECTION 7, TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS :
THE NORTH 300 FEET OF THE SOUTH 320 FEET OF THE NORTHWEST
QUARTER OF SAID SECTION 7 AND ALSO THE SOUTH 20 FEET OF THE
EAST 300 FEET OF SAID NORTHWEST QUARTER OF SECTION 7, AND
ALSO; THE NORTH 280 FEET OF THE EAST 300 FEET OF THE
SOUTHWEST QUARTER OF SAID SECTION 7, ALL IN KANE COUNTY,
ILLINOIS.
PARCEL E
THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE FOLLOWING
DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF
SAID QUARTER-QUARTER THAT IS 300 FEET SOUTHERLY OF THE
NORTHWEST CORNER THEREOF (AS MEASURED ALONG SAID WEST
LINE) ; THENCE EASTERLY TO A POINT ON THE EAST LINE OF SAID
QUARTER-QUARTER THAT IS 400 FEET SOUTHERLY OF THE NORTHEAST
CORNER THEREOF (AS MEASURED ALONG SAID EAST LINE) , SAID
POINT BEING THE POINT OF TERMINUS OF THE HEREON DESCRIBED
LINE, IN THE TOWNSHIP OF ELGIN, IN KANE COUNTY, ILLINOIS .
PARCEL F
THAT PART OF THE SOUTH HALF OF SECTION 7 AND PART OF THE
NORTH HALF OF SECTION 18, ALL IN TOWNSHIP 41 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT IN THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 7 AFORESAID, 76 LINKS ( 50 . 16 FEET)
EAST OF THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 20
DEGREES 41 MINUTES 33 SECONDS WEST (BEARINGS ASSUMED FOR
DESCRIPTION PURPOSES ONLY) , 370 . 47 FEET; THENCE NORTH 64
DEGREES 10 MINUTES 48 SECONDS WEST, 227 . 18 FEET; THENCE
NORTH 49 DEGREES 04 MINUTES 53 SECONDS EAST, 475 . 91 FEET;
THENCE SOUTH 20 DEGREES 41 MINUTES 33 SECONDS WEST, 68 . 51
FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN,
KANE COUNTY, ILLINOIS .
EXHIBIT "A" CONTINUED
PARCEL G
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 7 AND THAT
PART OF THE NORTHEAST AND NORTHWEST QUARTERS OF SECTION 18
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT IN THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 7 AFORESAID, 76 LINKS EAST OF THE
SOUTHWEST CORNER THEREOF; THENCE SOUTH 21 DEGREES WEST 6. 70
CHAINS TO THE CENTER OF THE STATE ROAD; THENCE SOUTH 64
DEGREES 5 MINUTES EAST ALONG THE CENTER OF SAID ROAD 17 . 50
CHAINS; THENCE NORTH 21 DEGREES EAST 41 . 68 CHAINS; THENCE
SOUTH 80 3/4THS DEGREES EAST 11 . 41 CHAINS TO THE EAST LINE
OF SECTION 7; THENCE NORTH ALONG SAID EAST LINE 13 . 01
CHAINS TO A POINT 3 .24 CHAINS SOUTH OF THE NORTHEAST CORNER
OF THE SOUTHEAST QUARTER OF SECTION 7; THENCE NORTH 83
DEGREES WEST 20. 16 CHAINS TO THE WEST LINE OF THE EAST HALF
OF SAID SOUTH EAST QUARTER OF SECTION 7; THENCE SOUTH ALONG
SAID WEST LINE 12 . 04 CHAINS TO A POINT 6 . 65 CHAINS NORTH OF
THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 7; THENCE SOUTH 43 1/4 DEGREES
WEST 9. 12 CHAINS TO A POINT IN THE SOUTH LINE OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7
AFORESAID, 6. 22 CHAINS WEST OF THE SOUTHEAST CORNER OF SAID
QUARTER; THENCE WEST ALONG THE SOUTH LINE OF SAID QUARTER,
5. 44 CHAINS; THENCE SOUTH 21 DEGREES WEST 21 .25 CHAINS TO
THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, KANE
COUNTY, ILLINOIS . EXCEPTING THEREFROM THE FOLLOW DESCRIBED
TRACT, THAT PART OF THE SOUTH HALF OF SECTION 7, TOWNSHIP
41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 89
DEGREES 55 MINUTES 18 SECONDS EAST (BEARINGS ASSUMED FOR
DESCRIPTION PURPOSES ONLY) ALONG THE NORTH LINE OF SAID
QUARTER-QUARTER , 1319. 05 FEET TO THE EAST LINE OF SAID
QUARTER-QUARTER; THENCE SOUTH 00 DEGREES 08 MINUTES 39
SECONDS EAST ALONG SAID EAST LINE, 400 . 00 FEET TO THE POINT
OF BEGINNING; THENCE SOUTH 85 DEGREES 44 MINUTES 47
SECONDS EAST, 161 . 14 FEET; THENCE SOUTH 23 DEGREES 53
MINUTES 29 SECONDS EAST, 345. 44 FEET; THENCE SOUTH 21
DEGREES 15 MINUTES 29 SECONDS WEST, 1240 . 00 FEET; THENCE
SOUTH 64 DEGREES 03 MINUTES 02 SECONDS WEST, 507 . 30 FEET;
EXHIBIT "A" CONTINUED
THENCE NORTH 88 DEGREES 04 MINUTES 12 SECONDS WEST, 450 . 00
FEET; THENCE NORTH 20 DEGREES 41 MINUTES 33 SECONDS EAST,
814 . 12 FEET TO THE SOUTH LINE OF THE AFOREMENTIONED
QUARTER-QUARTER; THENCE NORTH 89 DEGREES 42 MINUTES 13
SECONDS EAST, 359. 04 FEET ALONG SAID SOUTH LINE; THENCE
NORTH 42 DEGREES 52 MINUTES 16 SECONDS EAST, 601 . 76 FEET TO
THE AFOREMENTIONED EAST LINE OF SAID QUARTER-QUARTER;
THENCE NORTH 00 DEGREES 08 MINUTES 39 SECONDS WEST, 485 . 77
FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS .
t , �
GROUP EXHIBIT C
Ordinance No. G16-04
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(Highland Woods Subdivision and Foy Property— 899 and 900 Coombs Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory in the PSFR2
Planned Single Family Residence District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted a public hearing concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the PSFR2 Planned Single
Family Residence District, the following described property:
HIGHLAND WOODS PROPERTY
THAT PART OF THE NORTHEAST QUARTER OF SECTION 11,
TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN
THE EAST LINE OF SAID NORTHEAST QUARTER, 8.23 AND A HALF
CHAINS NORTH OF THE SOUTHEAST CORNER OF THE NORTHEAST
QUARTER OF SAID SECTION 11, THENCE ALONG THE SECTION LINE
11.76 AND A HALF CHAINS; THENCE WEST PARALLEL WITH THE
SOUTH LINE OF SAID SECTION 11.1 CHAINS; THENCE SOUTH 29
DEGREES 10 MINUTES WEST 5.47 CHAINS TO A POINT IN THE CENTER
OF THE HIGHWAY; THENCE SOUTH 51 DEGREES EAST ALONG THE
CENTER OF SAID HIGHWAY 4 CHAINS; THENCE SOUTH 64 DEGREES
EAST ALONG THE CENTER OF SAID HIGHWAY 9.78 CHAINS; THENCE
SOUTHEASTERLY ALONG THE CENTER OF SAID HIGHWAY ABOUT 9
RODS TO THE EAST LINE OF SAID SECTION 11; THENCE NORTH
ALONG THE SECTION LINE 4 AND A HALF RODS TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS,
AND PART OF THE SOUTHEAST QUARTER OF SECTION 2 AND PART
OF THE NORTHEAST QUARTER AND NORTHWEST QUARTER OF
SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT
THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE NORTH
ALONG SECTION LINE 15.12 CHAINS; THENCE WEST PARALLEL WITH
SOUTH LINE OF SAID SECTION, 28.36 CHAINS; THENCE SOUTH 8
DEGREES EAST 15.27 CHAINS TO A POINT ON THE SOUTH LINE OF
SAID SECTION, 6.05 CHAINS WEST OF THE SOUTHEAST CORNER OF
THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 2;
THENCE WEST ALONG SAID SOUTH LINE 17.65 CHAINS TO A POINT IN
THE CENTER OF THE ROAD; THENCE SOUTH 17 AND A QUARTER
DEGREES EAST ALONG THE CENTER OF SAID ROAD 2.55 CHAINS;
THENCE SOUTH 47 DEGREES EAST ALONG THE CENTER OF SAID
ROAD 8.60 CHAINS; THENCE SOUTH 55 DEGREES EAST ALONG THE
CENTER OF THE SAID ROAD 6.40 CHAINS; THENCE SOUTH 67
DEGREES EAST ALONG THE CENTER OF SAID ROAD, 5.87 CHAINS;
THENCE SOUTH 56 AND THREE QUARTERS DEGREES EAST ALONG
THE CENTER OF SAID ROAD, 7.17 CHAINS TO A POINT IN THE WEST
LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 11, AFORESAID 1.53 CHAINS NORTH OF THE SOUTHWEST
CORNER THEREOF; THENCE SOUTHEASTERLY ALONG THE CENTER
OF SAID ROAD TO ITS INTERSECTION WITH THE SOUTH LINE OF SAID
NORTHEAST QUARTER OF NORTHEAST QUARTER OF SECTION 11;
THENCE SOUTH 43 AND ONE HALF DEGREES EAST, 6.25 CHAINS;
THENCE NORTH 29 DEGREES EAST 5.47 CHAINS TO A POINT IN THE
SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 11; THENCE EAST 11.10 CHAINS TO THE EAST
LINE OF SECTION 11; THENCE NORTH 20 CHAINS TO THE NORTHEAST
CORNER OF SAID SECTION 11 AND THE POINT OF BEGINNING
(EXCEPT THAT PART OF THE NORTH HALF OF SECTION 11,
TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION
805.2 FEET TO THE CENTER LINE OF THE DITCH OF THE PLATO
RUTLAND DRAINAGE DISTRICT; THENCE SOUTH 48 DEGREES 25
MINUTES WEST 819 FEET TO THE CENTER LINE OF THE PUBLIC
HIGHWAY; THENCE NORTHWESTERLY ALONG SAID CENTER LINE OF
A 3 DEGREES I1 MINUTES CURVE TO THE RIGHT 686.9 FEET TO THE
NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH
LINE 223.6 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF
PLATO, KANE COUNTY, ILLINOIS. AND ALSO EXCEPT: THAT PART
OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, FURTHER DESCRIBED AS: COMMENCING AT
2
THE NORTHEAST CORNER OF SAID SECTION 11, TOWNSHIP 41
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN;
THENCE SOUTH 00 DEGREES 07 MINUTES 24 SECONDS EAST, 1324.65
FEET ALONG THE EAST LINE OF SAID SECTION 11; THENCE SOUTH 89
DEGREES 18 MINUTES 17 SECONDS WEST, 732.60 FEET; THENCE
SOUTH 28 DEGREES 54 MINUTES 35 SECONDS WEST, 361.02 FEET TO
THE CENTERLINE OF HIGHWAYS AS DESCRIBED PER DEED 982345;
THENCE NORTH 42 DEGREES 55 MINUTES 49 SECONDS WEST ALONG
SAID DESCRIBED CENTERLINE, 69.34 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 34 DEGREES 55 MINUTES 02 SECONDS
EAST, 388.75 FEET; THENCE NORTH 45 DEGREES 22 MINUTES 03
SECONDS WEST, 560.00 FEET; THENCE SOUTH 34 DEGREES 55
MINUTES 02 SECONDS WEST, 398.03 FEET TO THE AFOREMENTIONED
DESCRIBED CENTERLINE (THE FOLLOWING THREE COURSES ARE
ALONG SAID DESCRIBED CENTERLINE); THENCE SOUTH 56 DEGREES
45 MINUTES 00 SECONDS EAST, 48.65 FEET; THENCE SOUTH 50
DEGREES 42 MINUTES 34 SECONDS EAST, 157.13 FEET; THENCE
SOUTH 42 DEGREES 55 MINUTES 49 SECONDS EAST, 354.61 FEET TO
THE POINT OF BEGINNING, ALL IN TOWNSHIP 41 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS.
AND THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 12, TOWNSHIP AND RANGE AFORESAID, IN THE TOWNSHIP
OF PLATO, KANE COUNTY, ILLINOIS. THAT PART OF THE WEST HALF
OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 12, THENCE WEST ALONG
THE NORTH LINE OF SAID QUARTER 554.8 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTH PARALLEL WITH THE WEST LINE OF
SAID SECTION 1497.32 FEET TO THE CENTER LINE OF STATE ROAD;
THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID
STATE ROAD 376.31 FEET; THENCE NORTHEASTERLY AT RIGHT
ANGLES TO SAID CENTER LINE 215.0 FEET; THENCE
NORTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE
336.80 FEET; THENCE SOUTHWESTERLY AT RIGHT ANGLES TO THE
LAST DESCRIBED LINE 215.0 FEET TO THE CENTER LINE OF SAID
STATE ROAD; THENCE NORTHWESTERLY ALONG SAID CENTER LINE
TO THE WEST LINE OF SAID SECTION 12; THENCE NORTH ALONG
SAID WEST LINE 12.32 CHAINS TO THE NORTHWEST CORNER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION; THENCE EAST ALONG THE NORTH LINE OF THE
SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER 781 FEET TO
THE POINT OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE
COUNTY, ILLINOIS. AND, THAT PART OF THE SOUTHWEST
QUARTER OF SECTION 1, TOWNSHIP 41 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
3
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST
QUARTER; THENCE NORTH 0 DEGREES 44 MINUTES 16 SECONDS
EAST ALONG THE WEST LINE OF SAID QUARTER SECTION 1004 FEET;
THENCE SOUTH 89 DEGREES 38 MINUTES 10 SECONDS EAST
PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION
1323.63 FEET; THENCE SOUTH 0 DEGREES 44 MINUTES 16 SECONDS
WEST PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION
1004 FEET TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE
NORTH 89 DEGREES 38 MINUTES 10 SECONDS WEST ALONG SAID
SOUTH LINE 1323.63 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
(PARCEL B FROM ANNEXATION)
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP
41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST
QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF SAID
QUARTER 1004.0 FEET FOR THE POINT OF BEGINNING; THENCE
EASTERLY ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID
QUARTER FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 23
SECONDS FROM THE PROLONGATION OF THE LAST DESCRIBED
COURSE (MEASURED CLOCKWISE THEREFROM) 1323.63 FEET;
THENCE SOUTHERLY ALONG A LINE PARALLEL WITH SAID WEST
LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 23 SECONDS
FROM THE LAST DESCRIBED COURSE (MEASURED COUNTER
CLOCKWISE THEREFROM) 1004.0 FEET TO A POINT ON SAID SOUTH
LINE THAT IS 1323.63 FEET EASTERLY OF SAID SOUTHWEST CORNER;
THENCE EASTERLY ALONG SAID SOUTH LINE FORMING AN ANGLE
OF 89 DEGREES 33 MINUTES 23 SECONDS FROM THE LAST
DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 1335.34
FEET TO THE SOUTHEAST CORNER OF SAID QUARTER; THENCE
NORTHERLY ALONG THE EAST LINE OF SAID QUARTER FORMING AN
ANGLE OF 89 DEGREES 52 MINUTES 49 SECONDS WITH THE LAST
DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 1792.75
FEET TO THE SOUTH RIGHT OF WAY LINE OF THE IOWA, CHICAGO
AND EASTERN RAILROAD (FORMERLY KNOWN AS THE CHICAGO,
MILWAUKEE AND ST. PAUL RAILROAD); THENCE WESTERLY ALONG
SAID SOUTH RIGHT OF WAY FORMING AN ANGLE OF 103 DEGREES 46
FEET 54 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED
CLOCKWISE THEREFROM) 2713.15 FEET TO THE SAID WEST LINE;
THENCE SOUTHERLY ALONG SAID WEST LINE FORMING AN ANGLE
OF 76 DEGREES 46 MINUTES 54 SECONDS FROM THE LAST
DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 1429.65
4
FEET TO THE POINT OF BEGINNING IN PLATO TOWNSHIP, KANE
COUNTY, ILLINOIS.
(PARCEL C FROM ANNEXATION)
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 1 AND THAT
PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 41
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH ALONG
THE WEST LINE OF SAID NORTHEAST QUARTER 252.92 FEET FOR THE
POINT OF BEGINNING; THENCE SOUTH 73 DEGREES, 30 MINUTES, 32
SECONDS EAST 757.33 FEET; THENCE NORTH 12 DEGREES, 28
MINUTES, 20 SECONDS EAST 1055.2 FEET; THENCE NORTH 29
DEGREES, 45 MINUTES, 00 SECONDS EAST 687.83 FEET TO THE
CENTER LINE OF HIGHLAND AVENUE ROAD; THENCE
SOUTHEASTERLY ALONG SAID CENTER LINE TO THE EAST LINE OF
SAID SOUTHEAST QUARTER OF SECTION 1; THENCE SOUTHERLY
ALONG SAID EAST LINE AND THE EAST LINE OF SAID NORTHEAST
QUARTER OF SECTION 12 TO THE SOUTHEAST CORNER OF SAID
NORTHEAST QUARTER; THENCE NORTHWESTERLY TO A POINT ON
THE WEST LINE OF SAID NORTHEAST QUARTER THAT IS 735.24 FEET
NORTH OF THE SOUTHWEST CORNER OF SAID NORTHEAST
QUARTER; THENCE NORTH ALONG SAID WEST LINE 1650 FEET TO
THE POINT OF BEGINNING (EXCEPT THAT PART DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID
SOUTHEAST QUARTER OF SECTION 1; THENCE NORTH ALONG THE
WEST LINE OF SAID SOUTHEAST QUARTER 712.5 FEET; THENCE
SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 98
DEGREES, 50 MINUTES, 0 SECONDS TO THE RIGHT WITH THE
PROLONGATION OF THE LAST DESCRIBED LINE 965.2 FEET FOR THE
POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY
ALONG THE LAST DESCRIBED LINE 791 FEET; THENCE
NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 81
DEGREES, 08 MINUTES, 00 SECONDS TO THE LEFT WITH THE
PROLONGATION OF THE LAST DESCRIBED LINE 405.1 FEET TO SAID
CENTER LINE OF HIGHLAND AVENUE ROAD; THENCE
NORTHWESTERLY ALONG SAID CENTER LINE 655.8 FEET; THENCE
SOUTHWESTERLY 688 FEET TO THE POINT OF BEGINNING AND ALSO
EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE
NORTHERLY, ALONG THE WEST LINE OF SAID SOUTHEAST
QUARTER, A DISTANCE OF 712.50 FEET; THENCE SOUTHEASTERLY,
ALONG A LINE THAT FORMS AN ANGLE OF 98 DEGREES 50 MINUTES,
00 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE, A DISTANCE OF 1756.20 FEET TO THE
5
SOUTHEASTERLY CORNER OF DOCUMENT NO. 1515428 FOR THE
POINT OF BEGINNING; THENCE SOUTHEASTERLY, ALONG A LINE
THAT FORMS AN ANGLE OF 21 DEGREES, 44 MINUTES 26 SECONDS
TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED
COURSE, A DISTANCE OF 330.92 FEET; THENCE NORTHEASTERLY,
ALONG A LINE THAT FORMS AN ANGLE OF 102 DEGREES 52 MINUTES
26 SECONDS TO THE LEFT OF THE PROLONGATION OF THE LAST
DESCRIBED COURSE, PARALLEL WITH THE SOUTHEASTERLY LINE
OF SAID DOCUMENT NO. 1515428, A DISTANCE OF 405.10 FEET TO THE
CENTER LINE OF HIGHLAND AVENUE ROAD; THENCE
NORTHWESTERLY, ALONG SAID CENTER LINE, A DISTANCE OF 330.92
FEET TO THE NORTHEASTERLY CORNER OF AFORESAID DOCUMENT
NO. 1515428; THENCE SOUTHWESTERLY, ALONG THE
SOUTHEASTERLY LINE OF SAID DOCUMENT NO. 1515428, A
DISTANCE OF 405.10 FEET TO THE POINT OF BEGINNING), (EXCEPT
THAT PART LYING IN HIGHLAND AVENUE AS DEDICATED PER
DOCUMENT NUMBER 526525) IN PLATO TOWNSHIP, KANE COUNTY,
ILLINOIS AND, THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF PLATO,
KANE COUNTY, ILLINOIS.
EXCEPTING FROM THE ABOVE DESCRIBED, THE FOLLOWING
ELEVEN (11) PARCELS:
PARCEL 1. (HIGHLAND WOODS - OPEN AREA "A" PRELIMINARY
PLAT PARCEL 3)
THAT PART OF THE NORTHEAST QUARTER OF SECTION 11 AND THE
NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE
7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH 00 DEGREES 7 MINUTES 24 SECONDS
EAST, 109.49 FEET ALONG EAST LINE OF SAID NORTHEAST QUARTER
TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 12
MINUTES 12 SECONDS EAST, 96.97 FEET; THENCE SOUTH 06 DEGREES
14 MINUTES 27 SECONDS EAST, 566.12 FEET; THENCE SOUTHERLY,
TANGENT TO THE LAST DESCRIBED COURSE, 417.42 FEET ALONG A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 460.00 FEET,
THE CHORD OF SAID CURVE BEARING SOUTH 19 DEGREES 45
MINUTES 19 SECONDS WEST; THENCE SOUTH 45 DEGREES 45
MINUTES 06 SECONDS WEST, 309.30 FEET; THENCE NORTH 50
DEGREES 53 MINUTES 53 SECONDS WEST, 207.94 FEET; THENCE
NORTH 45 DEGREES 22 MINUTES 03 SECONDS WEST, 106.99 FEET;
6
THENCE NORTH 44 DEGREES 37 MINUTES 57 SECONDS EAST, 75.45
FEET; THENCE NORTH 04 DEGREES 08 MINUTES 09 SECONDS EAST,
764.83 FEET; THENCE NORTH 44 DEGREES 20 MINUTES 52 SECONDS
WEST, 178.44 FEET; THENCE NORTH 89 DEGREES 12 MINUTES 12
SECONDS EAST, 453.47 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
PARCEL 2. (HIGHLAND WOODS - OPEN AREA "B" PRELIMINARY
PLAT PARCEL 5)
THAT PART OF THE NORTHEAST QUARTER OF SECTION 12,
TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH 00 DEGREES 10 MINUTES 57 SECONDS
EAST, 1619.34 FEET ALONG THE WEST LINE OF SAID NORTHEAST
QUARTER TO THE POINT OF BEGINNING; THENCE NORTH 89
DEGREES 49 MINUTES 03 SECONDS EAST, 155.26 FEET; THENCE
SOUTHEASTERLY, 273.98 FEET ALONG A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 230.00 FEET, THE CHORD OF SAID
CURVE BEARING, SOUTH 37 DEGREES 03 MINUTES 18 SECONDS EAST;
THENCE SOUTH 14 DEGREES 58 MINUTES 15 SECONDS WEST, 155.52
FEET; THENCE NORTH 75 DEGREES O1 MINUTES 45 SECONDS WEST,
279.17 FEET TO THE AFOREMENTIONED WEST LINE; THENCE NORTH
00 DEGREES 10 MINUTES 57 SECONDS WEST, 283.58 FEET ALONG SAID
WEST LINE TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF
PLATO, KANE COUNTY, ILLINOIS.
PARCEL 3. (HIGHLAND WOODS - OPEN AREA "C" PRELIMINARY
PLAT PARCEL 6)
THAT PART OF THE NORTHEAST QUARTER OF SECTION 12,
TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH 00 DEGREES 10 MINUTES 57 SECONDS
EAST, 1054.12 FEET ALONG WEST LINE OF SAID NORTHEAST
QUARTER; THENCE NORTH 89 DEGREES 49 MINUTES 03 SECONDS
EAST, 352.55 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00
DEGREES 10 MINUTES 57 SECONDS WEST, 57.51 FEET; THENCE
EASTERLY, 258.27 FEET ALONG A CURVE CONCAVE TO THE NORTH,
HAVING A RADIUS OF 733.00 FEET, THE CHORD OF SAID CURVE
BEARING, NORTH 80 DEGREES 45 MINUTES 44 SECONDS EAST;
THENCE NORTH 70 DEGREES 40 MINUTES 05 SECONDS EAST, 310.37
7
FEET; THENCE EASTERLY, TANGENT TO THE LAST DESCRIBED
COURSE, 778.57 FEET ALONG A CURVE CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 1467.00 FEET, THE CHORD OF SAID CURVE
BEARING NORTH 85 DEGREES 52 MINUTES 20 SECONDS EAST;
THENCE SOUTH 78 DEGREES 55 MINUTES 25 SECONDS EAST, 200.00
FEET; THENCE EASTERLY, TANGENT TO THE LAST DESCRIBED
COURSE, 66.14 FEET ALONG A CURVE CONCAVE TO THE NORTH,
HAVING A RADIUS OF 333.00 FEET, THE CHORD OF SAID CURVE
BEARING SOUTH 84 DEGREES 36 MINUTES 48 SECONDS EAST;
THENCE SOUTH 00 DEGREES 18 MINUTES 11 SECONDS EAST, 57.00
FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 49 SECONDS WEST,
253.74 FEET; THENCE SOUTH 27 DEGREES 39 MINUTES 39 SECONDS
WEST, 157.30 FEET; THENCE SOUTH 00 DEGREES 18 MINUTES 11
SECONDS EAST, 620.19 FEET; THENCE NORTH 75 DEGREES O1
MINUTES 45 SECONDS WEST, 987.54 FEET; THENCE NORTH 00
DEGREES 10 MINUTES 57 SECONDS WEST, 220.72 FEET; THENCE
NORTH 34 DEGREES 12 MINUTES 28 SECONDS WEST, 157.70 FEET;
THENCE SOUTH 89 DEGREES 49 MINUTES 03 SECONDS WEST, 209.20
FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF PLATO,
KANE COUNTY, ILLINOIS.
PARCEL 4. (HIGHLAND WOODS - OPEN AREA "D" PRELIMINARY
PLAT PARCEL 7)
THAT PART OF THE NORTHEAST QUARTER OF SECTION 12,
TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST
QUARTER; THENCE NORTH 75 DEGREES O1 MINUTES 45 SECONDS
WEST, 41.46 FEET TO THE POINT OF BEGINNING; THENCE NORTH 75
DEGREES O1 MINUTES 45 SECONDS WEST, 884.73 FEET; THENCE
NORTH 02 DEGREES 06 MINUTES 48 SECONDS EAST, 30.77 FEET;
THENCE NORTH 79 DEGREES 15 MINUTES 21 SECONDS EAST, 207.71
FEET; THENCE NORTH 23 DEGREES 36 MINUTES 06 SECONDS WEST,
136.70 FEET; THENCE NORTHEASTERLY, 261.36 FEET ALONG A CURVE
CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 330.00 FEET,
THE CHORD OF SAID CURVE BEARING, NORTH 43 DEGREES 42
MINUTES 34 SECONDS EAST; THENCE NORTH 89 DEGREES 41
MINUTES 49 SECONDS EAST, 359.65 FEET; THENCE NORTH 48
DEGREES 28 MINUTES 57 SECONDS EAST, 219.92 FEET; THENCE
SOUTH 00 DEGREES 18 MINUTES 11 SECONDS EAST, 755.00 FEET; TO
THE POINT OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE
COUNTY, ILLINOIS.
8
PARCEL 5. (HIGHLAND WOODS - OPEN AREA `B" PRELIMINARY
PLAT PARCEL 9)
THAT PART OF THE NORTHEAST QUARTER OF SECTION I1 AND THE
NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE
7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH 00 DEGREES 7 MINUTES 24 SECONDS
EAST, 1281.89 FEET ALONG EAST LINE OF SAID NORTHEAST
QUARTER TO THE POINT OF BEGINNING; THENCE SOUTH 54
DEGREES 18 MINUTES 21 SECONDS EAST, 110.52 FEET; THENCE
SOUTH 00 DEGREES 09 MINUTES 37 SECONDS WEST, 236.49 FEET;
THENCE SOUTH 19 DEGREES 23 MINUTES 29 SECONDS EAST, 235.59
FEET; THENCE SOUTH 49 DEGREES 52 MINUTES 33 SECONDS EAST,
96.01 FEET; THENCE NORTH 40 DEGREES 07 MINUTES 27 SECONDS
EAST, 142.63 FEET; THENCE SOUTHEASTERLY, 180.91 FEET ALONG A
CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 330.00
FEET, THE CHORD OF SAID CURVE BEARING, SOUTH 65 DEGREES 34
MINUTES 52 SECONDS EAST; THENCE SOUTH 00 DEGREES 07
MINUTES 24 SECONDS EAST, 129.92 FEET; THENCE SOUTH 89
DEGREES 52 MINUTES 36 SECONDS WEST, 95.00 FEET; THENCE SOUTH
00 DEGREES 07 MINUTES 24 SECONDS EAST, 120.72 FEET; THENCE
SOUTH 89 DEGREES 52 MINUTES 36 SECONDS WEST, 50.43 FEET;
THENCE NORTHWESTERLY, TANGENT TO THE LAST DESCRIBED
COURSE, 478.66 FEET ALONG A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 370.00 FEET, THE CHORD OF SAID
CURVE BEARING NORTH 53 DEGREES 03 MINUTES 44 SECONDS
WEST; THENCE NORTH 16 DEGREES 00 MINUTES 04 SECONDS WEST,
141.22 FEET; THENCE NORTHWESTERLY, TANGENT TO THE LAST
DESCRIBED COURSE, 137.83 FEET ALONG A CURVE CONCAVE TO
THE SOUTHWEST, HAVING A RADIUS OF 530.00 FEET, THE CHORD OF
SAID CURVE BEARING NORTH 23 DEGREES 27 MINUTES 05 SECONDS
WEST; THENCE NORTH 59 DEGREES 05 MINUTES 54 SECONDS EAST,
126.00 FEET; THENCE NORTH 30 DEGREES 54 MINUTES 06 SECONDS
WEST, 56.14 FEET; THENCE NORTH 40 DEGREES 41 MINUTES 06
SECONDS WEST, 171.43 FEET; THENCE NORTH 45 DEGREES 45
MINUTES 06 SECONDS EAST, 101.47 FEET; THENCE SOUTH 54
DEGREES 18 MINUTES 21 SECONDS EAST, 74.20 FEET TO THE POINT
OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY,
ILLINOIS.
PARCEL 6. (HIGHLAND WOODS - OPEN AREA "F" PRELIMINARY
PLAT PARCEL 10)
9
THAT PART OF SECTION 12 AND THE SOUTH HALF OF SECTION 1,
TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST
QUARTER OF SECTION 12; THENCE NORTH 89 DEGREES 37 MINUTES
41 SECONDS EAST, 1257.72 FEET ALONG NORTH LINE OF SAID
NORTHWEST QUARTER TO THE POINT OF BEGINNING; THENCE
NORTH 00 DEGREES 10 MINUTES 41 SECONDS WEST, 31.34 FEET;
THENCE NORTH 89 DEGREES 49 MINUTES 19 SECONDS EAST, 271.32
FEET; THENCE NORTH 73 DEGREES 50 MINUTES 42 SECONDS EAST,
210.00 FEET; THENCE NORTH 21 DEGREES 21 MINUTES 18 SECONDS
EAST, 470.00 FEET; THENCE NORTH 53 DEGREES 18 MINUTES 02
SECONDS EAST, 149.03 FEET; THENCE NORTH 22 DEGREES 27
MINUTES 23 SECONDS EAST, 117.09 FEET; THENCE NORTH 00
DEGREES 10 MINUTES 41 SECONDS WEST, 40.90 FEET; THENCE
NORTH 89 DEGREES 49 MINUTES 19 SECONDS EAST, 103.14 FEET;
THENCE NORTH 52 DEGREES 51 MINUTES 06 SECONDS EAST, 120.23
FEET; THENCE NORTH 32 DEGREES 00 MINUTES 05 SECONDS EAST,
71.78 FEET; THENCE NORTH 09 DEGREES 10 MINUTES 04 SECONDS
EAST, 75.12 FEET; THENCE NORTH 13 DEGREES 39 MINUTES 57
SECONDS WEST, 75.12 FEET; THENCE NORTH 36 DEGREES 29
MINUTES 58 SECONDS WEST, 75.12 FEET; THENCE NORTH 59
DEGREES 19 MINUTES 59 SECONDS WEST, 88.87 FEET; THENCE SOUTH
89 DEGREES 49 MINUTES 19 SECONDS WEST, 157.68 FEET; THENCE
SOUTH 00 DEGREES 10 MINUTES 41 SECONDS EAST, 126.00 FEET;
THENCE SOUTH 89 DEGREES 49 MINUTES 19 SECONDS WEST, 413.96
FEET; THENCE NORTH 00 DEGREES 10 MINUTES 41 SECONDS WEST,
126.00 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 19 SECONDS
WEST, 176.82 FEET; THENCE NORTH 15 DEGREES 36 MINUTES 02
SECONDS EAST, 107.51 FEET; THENCE NORTH 89 DEGREES 42
MINUTES 49 SECONDS EAST, 109.77 FEET; THENCE NORTH 00
DEGREES 17 MINUTES 11 SECONDS WEST, 126.00 FEET; THENCE
EASTERLY, 167.31 FEET ALONG A CURVE CONCAVE TO THE NORTH,
HAVING A RADIUS OF 530.00 FEET, THE CHORD OF SAID CURVE
BEARING, NORTH 80 DEGREES 40 MINUTES 11 SECONDS EAST;
THENCE NORTH 71 DEGREES 37 MINUTES 34 SECONDS EAST, 216.86
FEET; THENCE EASTERLY, TANGENT TO THE LAST DESCRIBED
COURSE, 177.68 FEET ALONG A CURVE CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 1970.00 FEET, THE CHORD OF SAID CURVE
BEARING NORTH 74 DEGREES 12 MINUTES 36 SECONDS EAST;
THENCE SOUTH 13 DEGREES 12 MINUTES 22 SECONDS EAST, 126.00
FEET; THENCE NORTH 80 DEGREES 44 MINUTES 06 SECONDS EAST,
259.29 FEET; THENCE SOUTHEASTERLY, 277.27 FEET ALONG A CURVE
CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 783.00 FEET,
THE CHORD OF SAID CURVE BEARING, SOUTH 26 DEGREES 21
10
MINUTES 42 SECONDS EAST; THENCE SOUTH 36 DEGREES 30
MINUTES 24 SECONDS EAST, 174.85 FEET; THENCE SOUTHERLY,
TANGENT TO THE LAST DESCRIBED COURSE, 252.45 FEET ALONG A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 467.00 FEET,
THE CHORD OF SAID CURVE BEARING SOUTH 21 DEGREES 01
MINUTES 13 SECONDS EAST; THENCE SOUTH 05 DEGREES 32
MINUTES 02 SECONDS EAST, 50.79 FEET; THENCE SOUTH 84 DEGREES
27 MINUTES 58 SECONDS WEST, 265.31 FEET; THENCE SOUTH 55
DEGREES 28 MINUTES 00 SECONDS WEST, 253.77 FEET; THENCE
SOUTH 26 DEGREES 02 MINUTES 43 SECONDS WEST, 228.47 FEET;
THENCE SOUTH 00 DEGREES 30 MINUTES 42 SECONDS WEST, 152.25
FEET; THENCE SOUTH 15 DEGREES 06 MINUTES 07 SECONDS WEST,
41.22 FEET; THENCE SOUTH 47 DEGREES 56 MINUTES 06 SECONDS
WEST, 483.07 FEET; THENCE SOUTH 04 DEGREES 39 MINUTES 33
SECONDS WEST, 255.45 FEET; THENCE SOUTH 58 DEGREES 29
MINUTES 35 SECONDS EAST, 854.30 FEET; THENCE SOUTH 89
DEGREES 32 MINUTES 09 SECONDS WEST, 1063.58 FEET; THENCE
NORTH 00 DEGREES 07 MINUTES 24 SECONDS WEST, 29.74 FEET;
THENCE SOUTH 89 DEGREES 52 MINUTES 36 SECONDS WEST, 190.00
FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 24 SECONDS EAST,
139.28 FEET; THENCE SOUTH 67 DEGREES 22 MINUTES 48 SECONDS
EAST, 59.27 FEET; THENCE SOUTHERLY, 63.09 FEET ALONG A CURVE
CONCAVE TO THE EAST, HAVING A RADIUS OF 60.00 FEET, THE
CHORD OF SAID CURVE BEARING, SOUTH 07 DEGREES 30 MINUTES 06
SECONDS EAST; THENCE SOUTH 37 DEGREES 37 MINUTES 24
SECONDS EAST, 78.19 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES
36 SECONDS WEST, 126.00 FEET; THENCE SOUTH 00 DEGREES 07
MINUTES 24 SECONDS EAST, 202.50 FEET; THENCE SOUTH 89
DEGREES 52 MINUTES 36 SECONDS WEST, 25.80 FEET; THENCE
WESTERLY, TANGENT TO THE LAST DESCRIBED COURSE, 190.17
FEET ALONG A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS
OF 270.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 69
DEGREES 56 MINUTES 46 SECONDS WEST; THENCE NORTH 40
DEGREES 13 MINUTES 51 SECONDS EAST, 126.00 FEET; THENCE
NORTH 20 DEGREES 24 MINUTES 23 SECONDS WEST, 144.82 FEET;
THENCE NORTH 01 DEGREES 10 MINUTES 47 SECONDS EAST, 289.17
FEET; THENCE NORTH 63 DEGREES 26 MINUTES 13 SECONDS EAST,
175.00 FEET; THENCE NORTH 13 DEGREES 41 MINUTES 12 SECONDS
EAST, 250.00 FEET; THENCE NORTH 21 DEGREES 21 MINUTES 18
SECONDS EAST, 438.66 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
PARCEL 7. (HIGHLAND WOODS - OPEN AREA "G" PRELIMINARY
PLAT PARCELS 8, 12 & 16)
11
THAT PART OF THE SOUTH HALF OF SECTION 1 AND THE NORTH
HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH EAST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION l; THENCE SOUTH 00 DEGREES 10
MINUTES 57 SECONDS EAST, 252.92 FEET ALONG THE EAST LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 12; THENCE SOUTH 73
DEGREES 46 MINUTES 08 SECONDS EAST, 757.70 FEET; THENCE
NORTH 12 DEGREES O1 MINUTES 32 SECONDS EAST, 843.37 FEET;
THENCE SOUTHEASTERLY, 137.05 FEET ALONG A CURVE CONCAVE
TO THE NORTHEAST, HAVING A RADIUS OF 60.00 FEET, THE CHORD
OF SAID CURVE BEARING, SOUTH 53 DEGREES 24 MINUTES 47
SECONDS EAST; THENCE NORTH 61 DEGREES 08 MINUTES 54
SECONDS EAST, 57.83 FEET; THENCE EASTERLY, TANGENT TO THE
LAST DESCRIBED COURSE, 37.19 FEET ALONG A CURVE CONCAVE
TO THE SOUTH, HAVING A RADIUS OF 60.00 FEET, THE CHORD OF
SAID CURVE BEARING NORTH 78 DEGREES 54 MINUTES 15 SECONDS
EAST; THENCE SOUTH 08 DEGREES 38 MINUTES 54 SECONDS WEST,
150.61 FEET; THENCE SOUTH 42 DEGREES 57 MINUTES 19 SECONDS
EAST, 37.24 FEET; THENCE SOUTH 47 DEGREES 02 MINUTES 41
SECONDS WEST, 280.90 FEET; THENCE SOUTH 08 DEGREES 56
MINUTES 18 SECONDS WEST, 349.74 FEET; THENCE SOUTH 12
DEGREES 25 MINUTES 19 SECONDS EAST, 406.18 FEET; THENCE
WESTERLY, 29.62 FEET ALONG A CURVE CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 1533.00 FEET, THE CHORD OF SAID CURVE
BEARING, SOUTH 71 DEGREES 13 MINUTES 18 SECONDS WEST;
THENCE SOUTH 70 DEGREES 40 MINUTES 05 SECONDS WEST, 310.37
FEET; THENCE WESTERLY, TANGENT TO THE LAST DESCRIBED
COURSE, 571.17 FEET ALONG A CURVE CONCAVE TO THE NORTH,
HAVING A RADIUS OF 667.00 FEET, THE CHORD OF SAID CURVE
BEARING NORTH 84 DEGREES 48 MINUTES 00 SECONDS WEST;
THENCE NORTH 60 DEGREES 16 MINUTES 04 SECONDS WEST, 70.56
FEET; THENCE NORTH 14 DEGREES II MINUTES 29 SECONDS EAST,
360.25 FEET; THENCE NORTH 42 DEGREES 04 MINUTES 56 SECONDS
WEST, 208.57 FEET; THENCE NORTH 25 DEGREES 51 MINUTES 48
SECONDS WEST, 290.91 FEET; THENCE SOUTH 87 DEGREES 28
MINUTES 44 SECONDS WEST, 277.82 FEET; THENCE NORTH 05
DEGREES 32 MINUTES 02 SECONDS WEST, 376.31 FEET; THENCE
NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 146.47
FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS
OF 533.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13
DEGREES 24 MINUTES 22 SECONDS WEST; THENCE NORTH 53
DEGREES 29 MINUTES 36 SECONDS EAST, 275.06 FEET; THENCE
NORTH 00 DEGREES 29 MINUTES 18 SECONDS WEST, 629.96 FEET;
THENCE NORTH 40 DEGREES 20 MINUTES 36 SECONDS EAST, 125.00
12
FEET; THENCE NORTH 13 DEGREES 50 MINUTES 55 SECONDS EAST,
150.00 FEET; THENCE NORTH 25 DEGREES 54 MINUTES 27 SECONDS
WEST, 55.00 FEET; THENCE NORTH 05 DEGREES 59 MINUTES 27
SECONDS EAST, 115.00 FEET; THENCE NORTH 81 DEGREES 56
MINUTES 53 SECONDS EAST, 92.00 FEET; THENCE SOUTH 59 DEGREES
51 MINUTES 25 SECONDS EAST, 82.00 FEET; THENCE NORTH 89
DEGREES 30 MINUTES 42 SECONDS EAST, 55.00 FEET TO THE EAST
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 1; THENCE
SOUTH 00 DEGREES 29 MINUTES 18 SECONDS EAST, 1633.99 FEET
ALONG SAID EAST LINE TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
PARCEL 8. (HIGHLAND WOODS - OPEN AREA "H" PRELIMINARY
PLAT PARCEL 17)
THAT PART OF THE NORTHEAST QUARTER OF SECTION 11 AND THE
SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 41 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH 89 DEGREES 12 MINUTES 12 SECONDS
WEST, 1708.84 FEET ALONG NORTH LINE OF SAID NORTHEAST
QUARTER TO THE POINT OF BEGINNING; THENCE NORTH 08
DEGREES 51 MINUTES 12 SECONDS WEST, 1006.90 FEET; THENCE
NORTH 89 DEGREES 12 MINUTES 12 SECONDS EAST, 895.80 FEET;
THENCE SOUTH 45 DEGREES 39 MINUTES 08 SECONDS WEST, 611.43
FEET; THENCE SOUTH 29 DEGREES 12 MINUTES 07 SECONDS WEST,
523.10 FEET; THENCE SOUTH 00 DEGREES 47 MINUTES 48 SECONDS
EAST, 453.09 FEET; THENCE SOUTH 32 DEGREES 16 MINUTES 54
SECONDS EAST, 441.37 FEET; THENCE SOUTH 68 DEGREES 22
MINUTES 52 SECONDS EAST, 359.45 FEET; THENCE SOUTH 45
DEGREES 22 MINUTES 03 SECONDS EAST, 724.01 FEET; THENCE
SOUTH 50 DEGREES 53 MINUTES 53 SECONDS EAST, 183.19 FEET;
THENCE SOUTHWESTERLY, 95.26 FEET ALONG A CURVE CONCAVE
TO THE SOUTHEAST, HAVING A RADIUS OF 1080.00 FEET, THE CHORD
OF SAID CURVE BEARING, SOUTH 28 DEGREES 16 MINUTES 12
SECONDS WEST; THENCE SOUTH 25 DEGREES 44 MINUTES 35
SECONDS WEST, 282.26 FEET; THENCE NORTHWESTERLY, 308.35 FEET
ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS
OF 1085.92 FEET, THE CHORD OF SAID CURVE BEARING, NORTH 53
DEGREES 30 MINUTES 09 SECONDS WEST; THENCE NORTH 45
DEGREES 22 MINUTES 03 SECONDS WEST, 114.53 FEET; THENCE
NORTH 34 DEGREES 55 MINUTES 02 SECONDS EAST, 339.13 FEET;
THENCE NORTH 45 DEGREES 22 MINUTES 03 SECONDS WEST, 560.00
FEET; THENCE SOUTH 34 DEGREES 55 MINUTES 02 SECONDS WEST,
13
343.35 FEET; THENCE NORTHWESTERLY, 417.21 FEET ALONG A
CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1492.39
FEET, THE CHORD OF SAID CURVE BEARING, NORTH 57 DEGREES 39
MINUTES 21 SECONDS WEST; THENCE NORTH 65 DEGREES 39
MINUTES 53 SECONDS WEST, 382.55 FEET; THENCE
NORTHWESTERLY, TANGENT TO THE LAST DESCRIBED COURSE,
456.97 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST,
HAVING A RADIUS OF 1577.02 FEET, THE CHORD OF SAID CURVE
BEARING NORTH 57 DEGREES 21 MINUTES 49 SECONDS WEST;
THENCE NORTH 47 DEGREES 11 MINUTES 02 SECONDS EAST, 760.28
FEET; THENCE NORTH 89 DEGREES 12 MINUTES 12 SECONDS EAST,
140.99 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF
PLATO, KANE COUNTY, ILLINOIS.
PARCEL 9. (HIGHLAND WOODS - MULTI-FAMILY SITE
PRELIMINARY PLAT PARCEL 15)
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP
41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST
QUARTER; THENCE NORTH 00 DEGREES 29 MINUTES 18 SECONDS
WEST, 1633.99 FEET ALONG THE EAST LINE OF SAID QUARTER
SECTION TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES
30 MINUTES 42 SECONDS WEST, 55.00 FEET; THENCE NORTH 59
DEGREES 51 MINUTES 25 SECONDS WEST, 82.00 FEET; THENCE SOUTH
81 DEGREES 56 MINUTES 53 SECONDS WEST, 92.00 FEET; THENCE
SOUTH 05 DEGREES 59 MINUTES 27 SECONDS WEST, 115.00 FEET;
THENCE SOUTH 25 DEGREES 54 MINUTES 27 SECONDS EAST, 55.00
FEET; THENCE SOUTH 13 DEGREES 50 MINUTES 55 SECONDS WEST,
150.00 FEET; THENCE SOUTH 40 DEGREES 20 MINUTES 36 SECONDS
WEST, 125.00 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 42
SECONDS WEST, 559.31 FEET; THENCE NORTH 10 DEGREES 33
MINUTES 27 SECONDS WEST, 30.29 FEET; THENCE NORTHWESTERLY,
TANGENT TO THE LAST DESCRIBED COURSE, 749.47 FEET ALONG A
CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 533.00
FEET, THE CHORD OF SAID CURVE BEARING NORTH 50 DEGREES 50
MINUTES 24 SECONDS WEST; THENCE SOUTH 88 DEGREES 52
MINUTES 38 SECONDS WEST, 48.97 FEET; THENCE WESTERLY,
TANGENT TO THE LAST DESCRIBED COURSE, 456.96 FEET ALONG A
CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 683.00 FEET,
THE CHORD OF SAID CURVE BEARING SOUTH 69 DEGREES 42
MINUTES 37 SECONDS WEST; THENCE NORTH 76 DEGREES 42
MINUTES 05 SECONDS WEST, 527.91 FEET; THENCE SOUTH 75
DEGREES 05 MINUTES 19 SECONDS WEST, 245.29 FEET TO THE WEST
14
LINE OF SAID QUARTER SECTION; THENCE NORTH 00 DEGREES 05
MINUTES 25 SECONDS EAST, 797.33 FEET ALONG SAID WEST LINE TO
THE SOUTH LINE OF RAILROAD RIGHT OF WAY; THENCE SOUTH 76
DEGREES 42 MINUTES 05 SECONDS EAST, 2711.58 FEET ALONG SAID
SOUTH LINE TO THE EAST LINE OF SAID QUARTER SECTION; THENCE
SOUTH 00 DEGREES 29 MINUTES 18 SECONDS EAST, 158.76 FEET
ALONG SAID EAST LINE TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
PARCEL 10. (HIGHLAND WOODS - SCHOOL SITE PRELIMINARY PLAT
PARCEL 2)
THAT PART OF THE NORTHWEST QUARTER OF SECTION 12 AND THE
SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 41 NORTH, RANGE
7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST
QUARTER; THENCE NORTH 89 DEGREES 37 MINUTES 41 SECONDS
EAST, 165.74 FEET ALONG NORTH LINE OF SAID NORTHWEST
QUARTER TO THE POINT OF BEGINNING; THENCE NORTH 06
DEGREES 14 MINUTES 27 SECONDS WEST, 5.11 FEET; THENCE
NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 27.83
FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS
OF 344.92 FEET, THE CHORD OF SAID CURVE BEARING NORTH 03
DEGREES 55 MINUTES 45 SECONDS WEST; THENCE NORTH 89
DEGREES 49 MINUTES 19 SECONDS EAST, 1105.84 FEET; THENCE
SOUTH 21 DEGREES 21 MINUTES 18 SECONDS WEST, 470.00 FEET;
THENCE SOUTH 73 DEGREES 50 MINUTES 42 SECONDS WEST, 210.00
FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 19 SECONDS WEST,
680.00 FEET; THENCE NORTH 06 DEGREES 14 MINUTES 27 SECONDS
WEST, 464.75 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP
OF PLATO, KANE COUNTY, ILLINOIS.
PARCEL 11. (HIGHLAND WOODS - SPORTS CORE PRELIMINARY
PLAT PARCEL 1)
THAT PART OF THE NORTHWEST QUARTER OF SECTION 12,
TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST
QUARTER; THENCE NORTH 89 DEGREES 37 MINUTES 41 SECONDS
EAST, 165.74 FEET ALONG NORTH LINE OF SAID NORTHWEST
QUARTER; THENCE SOUTH 06 DEGREES 14 MINUTES 27 SECONDS
EAST, 464.75 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89
15
DEGREES 49 MINUTES 19 SECONDS EAST, 408.68 FEET; THENCE
SOUTH 00 DEGREES 10 MINUTES 41 SECONDS EAST, 409.86 FEET;
THENCE SOUTH 13 DEGREES 41 MINUTES 12 SECONDS WEST, 250.00
FEET; THENCE SOUTH 63 DEGREES 26 MINUTES 13 SECONDS WEST,
175.00 FEET; THENCE NORTH 54 DEGREES 18 MINUTES 21 SECONDS
WEST, 310.91 FEET; THENCE NORTHERLY, 363.01 FEET ALONG A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 540.00 FEET,
THE CHORD OF SAID CURVE BEARING, NORTH 13 DEGREES 01
MINUTES 03 SECONDS EAST; THENCE NORTH 06 DEGREES 14
MINUTES 27 SECONDS WEST, 202.48 FEET TO THE POINT OF
BEGINNING, IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS.
FOY PROPERTY
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 7 AND THAT
PART OF THE NORTHEAST AND NORTHWEST QUARTERS OF SECTION
18 TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 7 AFORESAID, 76 LINKS EAST OF THE
SOUTHWEST CORNER THEREOF; THENCE SOUTH 21 DEGREES WEST
6.70 CHAINS TO THE CENTER OF THE STATE ROAD; THENCE SOUTH
64 DEGREES 5 MINUTES EAST ALONG THE CENTER OF SAID ROAD
17.50 CHAINS; THENCE NORTH 21 DEGREES EAST 41.68 CHAINS;
THENCE SOUTH 80 3/4THS DEGREES EAST 11.41 CHAINS TO THE EAST
LINE OF SECTION 7; THENCE NORTH ALONG SAID EAST LINE 13.01
CHAINS TO A POINT 3.24 CHAINS SOUTH OF THE NORTHEAST
CORNER OF THE SOUTHEAST QUARTER OF SECTION 7; THENCE
NORTH 83 DEGREES WEST 20.16 CHAINS TO THE WEST LINE OF THE
EAST HALF OF SAID SOUTH EAST QUARTER OF SECTION 7; THENCE
SOUTH ALONG SAID WEST LINE 12.04 CHAINS TO A POINT 6.65
CHAINS NORTH OF THE SOUTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7; THENCE
SOUTH 43 1/4 DEGREES WEST 9.12 CHAINS TO A POINT IN THE SOUTH
LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 7 AFORESAID, 6.22 CHAINS WEST OF THE SOUTHEAST
CORNER OF SAID QUARTER; THENCE WEST ALONG THE SOUTH LINE
OF SAID QUARTER, 5.44 CHAINS; THENCE SOUTH 21 DEGREES WEST
21.25 CHAINS TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF
ELGIN, KANE COUNTY, ILLINOIS. EXCEPTING THEREFROM THE
FOLLOW DESCRIBED TRACT, THAT PART OF THE SOUTH HALF OF
SECTION 7, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 89
DEGREES 55 MINUTES 18 SECONDS EAST (BEARINGS ASSUMED FOR
16
DESCRIPTION PURPOSES ONLY) ALONG THE NORTH LINE OF SAID
QUARTER-QUARTER , 1319.05 FEET TO THE EAST LINE OF SAID
QUARTER-QUARTER; THENCE SOUTH 00 DEGREES 08 MINUTES 39
SECONDS EAST ALONG SAID EAST LINE, 400.00 FEET TO THE POINT
OF BEGINNING; THENCE SOUTH 85 DEGREES 44 MINUTES 47
SECONDS EAST, 161.14 FEET; THENCE SOUTH 23 DEGREES 53
MINUTES 29 SECONDS EAST, 345.44 FEET; THENCE SOUTH 21
DEGREES 15 MINUTES 29 SECONDS WEST, 1240.00 FEET; THENCE
SOUTH 64 DEGREES 03 MINUTES 02 SECONDS WEST, 507.30 FEET;
THENCE NORTH 88 DEGREES 04 MINUTES 12 SECONDS WEST, 450.00
FEET; THENCE NORTH 20 DEGREES 41 MINUTES 33 SECONDS EAST,
814.12 FEET TO THE SOUTH LINE OF THE AFOREMENTIONED
QUARTER-QUARTER; THENCE NORTH 89 DEGREES 42 MINUTES 13
SECONDS EAST, 359.04 FEET ALONG SAID SOUTH LINE; THENCE
NORTH 42 DEGREES 52 MINUTES 16 SECONDS EAST, 601.76 FEET TO
THE AFOREMENTIONED EAST LINE OF SAID QUARTER-QUARTER;
THENCE NORTH 00 DEGREES 08 MINUTES 39 SECONDS WEST, 485.77
FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS.
ALSO EXCEPTING THE FOLLOWING DESCRIBED PARCEL:
(FOY- OPEN AREA"B"PRELIMINARY PLAT OUTLOTS 9 & 10)
THAT PART OF THE SOUTH EAST QUARTER OF SECTION 7, TOWNSHIP
41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 7 AFORESAID, 76 LINKS EAST OF THE
SOUTHWEST CORNER THEREOF; THENCE SOUTH 20 DEGREES 41
MINUTES 33 SECONDS WEST, 416.94 FEET TO THE CENTERLINE OF
U.S. ROUTE 20; THENCE SOUTH 64 DEGREES 14 MINUTES 55 SECONDS
WEST, 1141.61 FEET ALONG SAID CENTERLINE; THENCE NORTH 20
DEGREES 02 MINUTES 31 SECONDS WEST, 1365.41 FEET; THENCE
NORTH 21 DEGREES 15 MINUTES 29 SECONDS WEST, 1397.53 FEET TO
THE POINT OF BEGINNING; THENCE NORTH 68 DEGREES 44 MINUTES
31 SECONDS WEST, 41.49 FEET; THENCE NORTHERLY, 148.35 FEET
ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF
1030.00 FEET, THE CHORD OF SAID CURVE BEARING, NORTH 09
DEGREES 46 MINUTES 16 SECONDS EAST; THENCE NORTH 05
DEGREES 38 MINUTES 42 SECONDS EAST, 84.09 FEET; THENCE SOUTH
84 DEGREES 46 MINUTES 03 SECONDS EAST, 129.40 FEET; THENCE
NORTH 05 DEGREES 13 MINUTES 57 SECONDS EAST, 70.00 FEET;
THENCE SOUTH 84 DEGREES 46 MINUTES 03 SECONDS EAST, 426.31
FEET; THENCE NORTH 62 DEGREES 38 MINUTES 51 SECONDS EAST,
17
157.12 FEET; THENCE NORTH 34 DEGREES 52 MINUTES 19 SECONDS
EAST, 160.77 FEET TO THE EAST LINE OF SECTION 7; THENCE SOUTH
00 DEGREES 18 MINUTES 49 SECONDS EAST, 449.09 FEET ALONG SAID
EAST LINE; THENCE NORTH 81 DEGREES 44 MINUTES 06 SECONDS
WEST, 747.12 FEET; THENCE SOUTH 21 DEGREES 15 MINUTES 29
SECONDS WEST, 135.45 FEET; TO THE POINT OF BEGINNING, IN ELGIN
TOWNSHIP, KANE COUNTY, ILLINOIS.
ALSO EXCEPTING THE FOLLOWING DESCRIBED PARCEL:
(FOY-OPEN AREA "A" PRELIMINARY PLAT OUTLOTS 4, 5, 6 & 7)
THAT PART OF THE SOUTH EAST QUARTER OF SECTION 7, TOWNSHIP
41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 7 AFORESAID, 76 LINKS EAST OF THE
SOUTHWEST CORNER THEREOF; THENCE NORTH 20 DEGREES 41
MINUTES 33 SECONDS WEST, 1028.54 FEET; THENCE NORTH 88
DEGREES 04 MINUTES 12 SECONDS WEST, 450.00 FEET TO THE POINT
OF BEGINNING; THENCE NORTH 64 DEGREES 03 MINUTES 02
SECONDS EAST, 507.30 FEET; THENCE NORTH 21 DEGREES 15
MINUTES 29 SECONDS EAST, 1240.00 FEET; THENCE NORTH 23
DEGREES 53 MINUTES 29 SECONDS WEST, 345.44 FEET; THENCE
SOUTH 85 DEGREES 44 MINUTES 47 SECONDS EAST, 222.34 FEET;
THENCE SOUTH 05 DEGREES 38 MINUTES 42 SECONDS WEST, 401.05
FEET; THENCE SOUTH 84 DEGREES 46 MINUTES 03 SECONDS EAST,
128.00 FEET; THENCE SOUTH 05 DEGREES 38 MINUTES 42 SECONDS
WEST, 83.66 FEET; THENCE SOUTHERLY, TANGENT TO THE LAST
DESCRIBED COURSE, 264.32 FEET ALONG A CURVE CONCAVE TO
THE WEST, HAVING A RADIUS OF 970.00 FEET, THE CHORD OF SAID
CURVE BEARING SOUTH 13 DEGREES 27 MINUTES 06 SECONDS WEST;
THENCE SOUTH 21 DEGREES 15 MINUTES 29 SECONDS WEST, 503.23
FEET; THENCE SOUTHWESTERLY, TANGENT TO THE LAST
DESCRIBED COURSE, 124.08 FEET ALONG A CURVE CONCAVE TO
THE NORTHWEST, HAVING A RADIUS OF 270.00 FEET, THE CHORD OF
SAID CURVE BEARING SOUTH 34 DEGREES 25 MINUTES 24 SECONDS
WEST; THENCE SOUTH 47 DEGREES 35 MINUTES 18 SECONDS WEST,
152.16 FEET; THENCE SOUTHWESTERLY, TANGENT TO THE LAST
DESCRIBED COURSE, 158.66 FEET ALONG A CURVE CONCAVE TO
THE SOUTHEAST, HAVING A RADIUS OF 330.00 FEET, THE CHORD OF
SAID CURVE BEARING SOUTH 33 DEGREES 48 MINUTES 54 SECONDS
WEST; THENCE SOUTH 20 DEGREES 02 MINUTES 31 SECONDS WEST,
305.54 FEET; THENCE NORTH 69 DEGREES 57 MINUTES 29 SECONDS
WEST, 478.56 FEET TO THE POINT OF BEGINNING, IN ELGIN
TOWNSHIP, KANE COUNTY, ILLINOIS."
18
Section 2. That the development of this PSFR2 Planned Single Family Residence
District as described in Section 1 shall be developed subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to
provide a planned urban residential environment of standardized moderate density
for single family detached dwellings, subject to the provisions of Chapter 19.60
Planned Developments of the Elgin Municipal Code, 1976, as amended. The
PSFR2 District is most similar to, but departs from the standard requirements of
the SFR2 Single Family Residential District.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol "[SR]", shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations,
of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation, and the terms, conditions and provisions of that certain Annexation
Agreement dated as of February 25, 2004 between the City of Elgin and Pingree
Creek, L.L.C., as amended (the "Annexation Agreement"). In the event of any
conflicts or inconsistencies between the provisions of the Annexation Agreement
and the provisions of this Ordinance, the provisions of the Annexation Agreement
shall be controlling.
C. General Provisions. In this PSFR2 zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts -Generally. In this PSFR2 zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended and the
provisions of the Annexation Agreement.
E. Location and Size of District. This PSFR2 zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PSFR2 zoning district exclusive of rights-of-
way, but including adjoining land or land directly opposite a right-of-way, shall
not be less than two acres.
F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal
Code, 1976, as amended. The following enumerated"land uses" [SR] shall be the
only land uses allowed as a"permitted use" [SR] in this PSFR2 District:
Residence Division.
1. "Single family detached dwellings" [SR] (UNCL).
2. "Residential garage sales" [SR] (UNCL).
19
3. "Residential occupations" [SR] (UNCL).
4. "Residential outdoor storage of firewood" [SR] (UNCL).
5. "Residential parking areas" [SR] (UNCL).
Finance, Insurance, and Real Estate Division.
6. "Development sales office" [SR] (UNCL).
Services Division.
7. "Family residential care facility" [SR] (8361).
8. "Home child day care services" [SR] (8351).
Construction Division.
9. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication, and Utilities Division.
10. "Radio and television antennas" [SR] (UNCL).
11. "Satellite dish antennas" [SR] (UNCL).
12. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
13. "Fences and walls" [SR] (UNCL).
14. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs,
of the Elgin Zoning Ordinance.
15. "Temporary uses" [SR] (UNCL).
16. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings, of
the Elgin Zoning Ordinance.
17. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses, of the Elgin
Zoning Ordinance.
In this PSFR2 zoning district, the use of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as
amended. The following enumerated "land uses" [SR] shall be the only land uses
allowed as a"conditional use" [SR] in this PSFR2 zoning district:
Residences Division.
1. "Conditional residential occupations" [SR] (UNCL).
Municipal Services Division.
2. "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than
two acres of land.
Transportation, Communication, and Utilities Division.
3. "Amateur radio antennas" [SR] (UNCL).
4. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
5. "Commercial antenna tower" [SR] (UNCL)
6. "Other radio and television antennas" [SR] (UNCL).
7. "Other satellite dish antennas" [SR] (UNCL).
20
8. "Pipelines, except natural gas" (461).
9. "Railroad tracks" (401).
10. "Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
11. "Planned developments" [SR] (UNCL) on a zoning lot containing less
than two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Zoning Ordinance.
12. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PSFR2 Planned Single Family Residence District, subject to the
provisions of Chapter 19.12.500, Accessory structures and Buildings.
13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PSFR2 Single Family Residence District, subject to the provisions of
Section 19.10. 400, Component Land Uses.
G. Site Design. In this PSFR2 zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance, and in the Annexation Agreement. In this PSFR2
zoning district, the site design regulations shall be as follows:
1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots"
[SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots -
Clarifications and Exceptions, of the Elgin Zoning Ordinance.
2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning
lot area" [SR] shall be 8,000 square feet per dwelling unit. The minimum
required lot area for a zoning lot shall be 8,000 square feet for all "through
lots" [SR] and for all "corner lots" [SR].
3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall
be sixty (60) linear feet. The minimum required "lot width" [SR] for a
zoning lot shall be seventy(70) linear feet for"corner lots" [SR].
4. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR]
shall be subject to the provisions of the Elgin Zoning Ordinance, Section
19.12.400, Setbacks - Clarifications and Exceptions
5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum
required "building" [SR] "setbacks" [SR] for a zoning lot shall be as
follows:
a. Local Street Setback. Where a zoning lot has frontage on a local
street, the minimum required setback for a building from a street
lot line shall be twenty-five (25) linear feet.
b. Side Setback. The minimum required building setback from a
"side lot line" [SR] shall be seven and one-half (7%2) linear feet.
The combined width of the side setbacks from the side lot lines
shall not be less than fifteen (15) linear feet.
C. Interior Setback. The minimum required building setback from
an "interior lot line" [SR] shall be seven and one-half(7'/2) linear
feet.
21
d. Rear Setback. The minimum required building setback from a
"rear lot line" [SR] shall be thirty(30) linear feet.
6. Accessory Structures and Buildings. In this PSFR2 zoning district,
"accessory structures and buildings" [SR] shall be subject to the provisions
of Section 19.12.500, Accessory Structures and Buildings, of the Elgin
Zoning Ordinance.
7. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard"
[SR], or a "rear yard" [SR] established by a required building setback or
by the actual location of a building shall be subject to the provisions of
Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance.
8. Building Coverage. In this PSFR2 zoning district, the maximum
"building coverage" [SR] for a single family zoning lot shall equal the
"zoning lot area" [SR] times 0.40 (40%).
9. Accessory Building Coverage. In this PSFR2 zoning district, the
maximum "accessory building coverage" [SR] for a single family zoning
lot shall equal the"zoning lot area" [SR] times 0.10 (10%).
10. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle
use area" [SR] for a single family zoning lot shall be one thousand four
hundred (1,400) square feet.
11. Landscaping. In this PSFR2 zoning district, each zoning lot shall be
developed in substantial conformance to the landscape plans specified in
the Highland Woods Design Guidelines which mandate installation of live
plant material costing at least 1.5 percent of the combined home and lot
price.
12. Supplementary Conditions. In this PSFR2 zoning district, the use and
development of land and structures shall also be subject to substantial
conformance to the Highland Woods, Crown Community Development
binder, no date, encompassing the following documents:
a. Community Thematics, no date.
b. Representative Home Styles, no date.
C. Annexation Plat, prepared by Cemcon, Ltd, and dated January 22,
2004.
d. Existing Site Conditions, prepared by Cemcon Ltd., and dated
January 26, 2004.
e. Conceptual Site Plan for Highland Woods, prepared by MRA, Inc.,
and dated November 30, 2004.
f. Parcel G Conceptual Site Plan, prepared by MRA, Inc., and dated
December 4, 2003.
g. Parcel I Conceptual Site Plan, prepared by MRA, Inc., and dated
December 4, 2003.
h. Conceptual Site Plan for Foy Property, prepared by Cemcon, Ltd.,
and dated February 16, 2004.
i. Preliminary Subdivision Plat of Highland Woods, prepared by
Cemcon, Ltd., and dated February 5, 2004.
j. Preliminary Plat of Foy Property, prepared by Cemcon, Ltd., and
dated February 5, 2004.
22
k. Declaration of Covenants and Restrictions for Highland Woods
Homeowners Association, to be recorded for the subject property,
no date.
1. Single Family Detached Design Guidelines for Highland Woods,
prepared by Crown Community Development, and dated
February 6, 2004.
m. Similar Covenants and Restrictions and Design Guidelines shall be
reviewed and approved by the Community Development Group for
the Foy parcel prior to development of the Foy parcel.
n. A minimum building setback of eighty (80) feet is required from
the right-of-way along arterial street systems. The side yard
building setback shall be twenty(20) feet along collector roads.
o. Exterior Insulation and Finish Systems (EIFS) (e.g. dryvit) shall be
an acceptable exterior building material on all or part of all four
elevations, provided, however, not more than twenty (20%)
percent of the homes to be constructed within this PSFR2 district
shall have EIFS as the dominant building material on all building
elevations.
p. Single story dwelling units shall contain a minimum of 1,700
square feet of living space and two-story dwelling units shall
contain a minimum of 2,000 square feet of living space so long as
Far West Plan Area home pricing targets are achieved.
In the event the owner of the subject property proposes development of a phase or
phases of the development which are not in general conformance with the
foregoing listed supplementary conditions, the owner shall be required to submit a
development plan to the city for review by the Planning and Development
Commission and approval by the City Council.
H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be
subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin
Municipal Code, 1976, as amended.
I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be
subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin
Municipal Code, 1976, as amended.
J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall
also be subject to paragraph G., Site Design, of this ordinance. Until the
developer has sold all homes within the subject development, the developer shall
be allowed to maintain a uniformly designed system of onsite directional and
informational signs located on parkways within public rights-of-way, within the
development, to provide directions and information on model homes and
neighborhood amenities. One billboard type sign no more than twelve (12) feet in
height and containing no more than one hundred twenty-eight (128) square feet
23
per side shall be allowed along each of the Highland Avenue, Coombs Road and
Route 20 frontages of the development, located outside of any public right-of-
way. Design and placement of the signs shall be subject to the review and
approval of the city's development administrator.
K. Amendments. In this PSFR2 zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PSFR2
zoning district authorize such an application.
L. Planned Developments. In this PSFR2 zoning district, application for a planned
development shall be subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended. A conditional
use for a planned development may be requested by an individual lot or property
owner for a zoning lot without requiring an amendment to this PSFR2 zoning
district and without necessitating that all other property owners in this PSFR2
zoning district authorize such an application.
M. Conditional Uses. In this PSFR2 zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PSFR2 zoning district and without necessitating that all other property
owners in this PSFR2 zoning district authorize such an application.
N. Variations. Any of the requirements of this ordinance may be varied by petition
of a lot or property owner subject to this Ordinance, however, such variation is
subject to the provisions of Section 19.70, Variations, of the Elgin Municipal
Code, as may be amended. A variation may be requested by an individual
property owner for a zoning lot without requiring an amendment to this PSFR2
zoning district and without necessitating that all other property owners in this
PSFR2 zoning district authorize such an application.
O. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator, and the
provisions of the Annexation Agreement.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
24
I. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin
Municipal Code, 1976, as amended.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
s/Ed Schock
Ed Schock, Mayor
Presented: February 25, 2004
Passed: February 25, 2004
Vote: Yeas: 5 Nays: 1
Recorded: February 26, 2004
Published:
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
25
t '
GROUP EXHIBIT C
Ordinance No. G17-04
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
(Highland Woods Subdivision— 899 Coombs Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory to a PMFR
Planned Multiple Family Residence District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said applications and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the PMFR Planned Multiple
Family Residence District, the following described property:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP
41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST
QUARTER; THENCE NORTH 00 DEGREES 29 MINUTES 18 SECONDS
WEST, 1633.99 FEET ALONG THE EAST LINE OF SAID QUARTER
SECTION TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES
30 MINUTES 42 SECONDS WEST, 55.00 FEET; THENCE NORTH 59
DEGREES 51 MINUTES 25 SECONDS WEST, 82.00 FEET; THENCE SOUTH
81 DEGREES 56 MINUTES 53 SECONDS WEST, 92.00 FEET; THENCE
SOUTH 05 DEGREES 59 MINUTES 27 SECONDS WEST, 115.00 FEET;
THENCE SOUTH 25 DEGREES 54 MINUTES 27 SECONDS EAST, 55.00
FEET; THENCE SOUTH 13 DEGREES 50 MINUTES 55 SECONDS WEST,
150.00 FEET; THENCE SOUTH 40 DEGREES 20 MINUTES 36 SECONDS
WEST, 125.00 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 42
SECONDS WEST, 559.31 FEET; THENCE NORTH 10 DEGREES 33
MINUTES 27 SECONDS WEST, 30.29 FEET; THENCE NORTHWESTERLY,
TANGENT TO THE LAST DESCRIBED COURSE, 749.47 FEET ALONG A
CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 533.00
FEET, THE CHORD OF SAID CURVE BEARING NORTH 50 DEGREES 50
MINUTES 24 SECONDS WEST; THENCE SOUTH 88 DEGREES 52
MINUTES 38 SECONDS WEST, 48.97 FEET; THENCE WESTERLY,
TANGENT TO THE LAST DESCRIBED COURSE, 456.96 FEET ALONG A
CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 683.00 FEET,
THE CHORD OF SAID CURVE BEARING SOUTH 69 DEGREES 42
MINUTES 37 SECONDS WEST; THENCE NORTH 76 DEGREES 42
MINUTES 05 SECONDS WEST, 527.91 FEET; THENCE SOUTH 75
DEGREES 05 MINUTES 19 SECONDS WEST, 245.29 FEET TO THE WEST
LINE OF SAID QUARTER SECTION; THENCE NORTH 00 DEGREES 05
MINUTES 25 SECONDS EAST, 797.33 FEET ALONG SAID WEST LINE TO
THE SOUTH LINE OF RAILROAD RIGHT OF WAY; THENCE SOUTH 76
DEGREES 42 MINUTES 05 SECONDS EAST, 2711.58 FEET ALONG SAID
SOUTH LINE TO THE EAST LINE OF SAID QUARTER SECTION; THENCE
SOUTH 00 DEGREES 29 MINUTES 18 SECONDS EAST, 158.76 FEET
ALONG SAID EAST LINE TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
Section 2. That the City Council of the City of Elgin hereby grants the PMFR Planned
Multiple Family Residential District which shall be designed, developed, and operated subject to
the following provisions:
A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to
provide a planned urban residential environment of the lowest standardized
density for multiple family detached dwellings, subject to the provisions of
Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as
amended. The PMFR District is most similar to, but departs from the standard
requirements of, the MFR Multiple Family Residential District.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol "[SR]", shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations
of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PMFR zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended, and the terms,
conditions and provisions of that certain Annexation Agreement dated as of
February 25, 2004 between the City of Elgin and Pingree Grove, L.L.C., as
amended (the "Annexation Agreement"). In the event of any conflicts or
inconsistencies between the provisions of the Annexation Agreement and the
provisions of this Ordinance, the provisions of the Annexation Agreement shall be
controlling.
2
D. Zoning Districts -Generally. In this PMFR zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended, and the
provisions of the Annexation Agreement.
E. Location and Size of District. This PMFR zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PMFR zoning district exclusive of rights-of-
way, but including adjoining land or land directly opposite a right-of-way shall
not be less than two acres.
F. Land Use. In this PMFR zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal
Code, 1976, as amended. The following enumerated "land uses" [SR] shall be the
only land uses allowed as a"permitted use" [SR] in this PMFR District:
Residence Division.
1. "Attached dwellings" [SR] (townhomes) (UNCL).
2. "Residential garage sales" [SR] (UNCL).
3. "Residential occupations" [SR] (UNCL).
4. "Residential outdoor storage of firewood" [SR] (UNCL).
5. "Residential parking areas" [SR] (UNCL).
6. "Residential storage" [SR] (UNCL).
7. "Residential storage of trucks or buses" [SR] (UNCL).
Municipal Services Division.
8. Public parks, recreation, open space (UNCL) on a "zoning lot" [SR]
containing less than two acres of land.
Finance, Insurance, and Real Estate Division.
9. "Development sales office" [SR] (UNCL).
Services Division.
10. "Family residential care facility" [SR] (8361).
11. "Home child day care services" [SR] (8351).
12. "Residential Care Facility" [SR].
Construction Division
13. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication, and Utilities Division.
14. "Amateur radio antennas" [SR] (UNCL).
15. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
16. "Radio and television antennas" [SR] (UNCL).
17. "Satellite dish antennas" [SR] (UNCL).
18. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
19. "Fences and walls" [SR] (UNCL).
20. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR], subject to the
provisions of Chapter 19.45, Off Street Parking.
21. "Refuse collection area" [SR].
3
22. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
23. "Temporary uses" [SR] (UNCL).
24. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings.
25. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses.
In this PMFR zoning district, the use of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as
amended. The following enumerated "land uses" [SR] shall be the only land uses
allowed as a"conditional use" [SR] in this PMFR zoning district:
Residences Division.
1. Conditional residential occupations" [SR] (UNCL).
Municipal Services Division.
2. Municipal facilities" [SR] (UNCL) on a zoning lot containing less than
two acres of land.
Transportation, Communication, and Utilities Division.
3. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
4. "Conditional commercial antenna tower" [SR] (UNCL)
5. "Other radio and television antennas" [SR] (UNCL).
6. "Other satellite dish antennas" [SR] (UNCL).
7. "Pipelines, except natural gas" (461).
8. "Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
9. "Master signage plan" [SR], subject to the provisions of Chapter 19.50,
Signs.
10. "Parking structures" [SR] (UNCL), exclusively"accessory" [SR].
11. "Planned developments" [SR] (UNCL) on a zoning lot containing less
than two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments.
12. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PMFR Planned Multiple Family Residence District, subject to the
provisions of Chapter 19.12.500, Accessory structures and Buildings.
13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PMFR Multiple Family Residence District, subject to the provisions of
Section 19.10. 400, Component Land Uses.
G. Site Design. In this PMFR zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance,and in the Annexation Agreement. In this PMFR district,
the use and development of land and structures shall be subject to the following
conditions:
a. Community Thematics, no date.
4
b. Representative Home Styles,no date.
C. Annexation Plat,prepared by Cemcon, Ltd, and dated January 22, 2004.
d. Existing Site Conditions, prepared by Cemcon Ltd., and dated January 26,
2004.
e. Conceptual Site Plan for Highland Woods, prepared by MRA, Inc., and
dated November 30, 2004.
f. Parcel G Conceptual Site Plan, prepared by MRA, Inc., and dated
December 4, 2003.
g. Parcel I Conceptual Site Plan, prepared by MRA, Inc., and dated
December 4, 2003, including, but not limited to, the following
specifications contained therein:
(1) All units shall have rear loaded, two car garages and two
tandem surface parking spaces for a total of four (4)
parking spaces per unit.
(ii) Public right-of-way shall be fifty (50) feet wide with a
twenty-eight (28) foot road section.
(iii) Garage to garage setbacks shall be sixty(60) feet. Building
side to building side setback shall be thirty(30) feet.
(iv) Front setbacks for townhome buildings shall be twenty(20)
feet from the public right-of-way.
(v) Front of building to front of building setback shall be fifty
(50) feet.
h. Conceptual Site Plan for Foy Property, prepared by Cemcon, Ltd., and
dated February 16, 2004.
i. Preliminary Subdivision Plat of Highland Woods, prepared by Cemcon,
Ltd., and dated February 5, 2004.
j. Preliminary Plat of Foy Property, prepared by Cemcon, Ltd., and dated
February 5, 2004.
k. Declaration of Covenants and Restrictions for Highland Woods
Homeowners Association, to be recorded for the subject property, no date.
1. Single Family Detached Design Guidelines for Highland Woods, prepared
by Crown Community Development, and dated February 6, 2004.
m. A minimum building setback of eighty (80) feet is required from the right-
of-way along arterial street systems. The side yard building setback shall
be twenty(20) feet along collector roads.
n. The attached dwelling unit buildings may be orientated so that the long
axis of the building is perpendicular to the street so long as rear entry
courtyard garages are utilized.
o. A maximum of twenty-nine (29%) percent of the dwelling units within the
subject development (calculated including both this PMFR zoning district
and the PSFR2 zoning district in the development) may be single family
attached dwelling units.
P. Single family attached dwelling units shall contain an average of 1,400
square feet of living space and a minimum of 1,200 square feet of living
space.
In the event the owner of the subject property proposes development of a phase or
phases of the development which are not in general conformance with the
5
foregoing listed site design conditions, the owner shall be required to submit a
development plan to the city for review by the Planning and Development
Commission and approval by the City Council.
H. Off-street Parking. In this PMFR zoning district, off street parking shall be
subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin
Municipal Code, 1976, as amended.
I. Off-street Loading. In this PMFR zoning district, off street loading shall be
subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin
Municipal Code, 1976, as amended.
J. Signs. In this PMFR zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. Until the
developer has sold all homes within the subject development, the developer shall
be allowed to maintain a uniformly designed system of onsite directional and
informational signs located on parkways within public rights-of-way, within the
development, to provide directions and information on model homes and
neighborhood amenities. One billboard type sign no more than twelve (12) feet in
height and containing no more than one hundred twenty-eight (128) square feet
per side shall be allowed along each of the Highland Avenue, Coombs Road and
Route 20 frontages of the development, located outside of any public right-of-
way. Design and placement of the signs shall be subject to the review and
approval of the city's development administrator.
K. Amendments. In this PMFR zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PMFR
zoning district authorize such an application.
L. Planned Developments. In this PMFR zoning district, application for a planned
development shall be subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended. A conditional
use for a planned development may be requested by an individual lot or property
owner for a zoning lot without requiring an amendment to this PMFR zoning
district and without necessitating that all other property owners in this PMFR
zoning district authorize such an application.
M. Conditional Uses. In this PMFR zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PMFR zoning district and without necessitating that all other property
owners in this PMFR zoning district authorize such an application.
N. Variations. Any of the requirements of this ordinance may be varied by petition
of a lot or property owner subject to this Ordinance, however, such variation is
6
subject to the provisions of Section 19.70, Variations, of the Elgin Municipal
Code, as may be amended. A variation may be requested by an individual
property owner for a zoning lot without requiring an amendment to this PMFR
zoning district and without necessitating that all other property owners in this
PMFR zoning district authorize such an application.
O. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator, and the
provisions of the Annexation Agreement.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin
Municipal Code, 1976, as amended.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
s/Ed Schock
Ed Schock, Mayor
Presented: February 25, 2004
Passed: February 25, 2004
Vote: Yeas: 5 Nays: 1
Recorded: February 26, 2004
Published:
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
7
GROUP EXHIBIT C
Ordinance No. G18-04
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PCF PLANNED COMMUNITY FACILITY DISTRICT
Open Space and Park Sites
(Highland Woods Subdivision/Foy Property Subdivision - 899 and 900 Coombs Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory to a PCF Planned
Community Facility District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PCF
Planned Community Facility District, the following described property:
"The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the PCF Planned Community
Facility District, the following described property (parcel numbers as referenced
are as indicated on the Preliminary Subdivision Plat):
PARCEL 1. THAT PART OF THE NORTHWEST QUARTER OF SECTION
12, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST
QUARTER; THENCE NORTH 89 DEGREES 37 MINUTES 41 SECONDS
EAST, 165.74 FEET ALONG NORTH LINE OF SAID NORTHWEST
QUARTER; THENCE SOUTH 06 DEGREES 14 MINUTES 27 SECONDS
EAST, 464.75 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89
DEGREES 49 MINUTES 19 SECONDS EAST, 408.68 FEET; THENCE
SOUTH 00 DEGREES 10 MINUTES 41 SECONDS EAST, 409.86 FEET;
THENCE SOUTH 13 DEGREES 41 MINUTES 12 SECONDS WEST, 250.00
FEET; THENCE SOUTH 63 DEGREES 26 MINUTES 13 SECONDS WEST,
175.00 FEET; THENCE NORTH 54 DEGREES 18 MINUTES 21 SECONDS
WEST, 310.91 FEET; THENCE NORTHERLY, 363.01 FEET ALONG A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 540.00 FEET,
THE CHORD OF SAID CURVE BEARING, NORTH 13 DEGREES 01
MINUTES 03 SECONDS EAST; THENCE NORTH 06 DEGREES 14
MINUTES 27 SECONDS WEST, 202.48 FEET TO THE POINT OF
BEGINNING, IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS.
THAT PART OF THE NORTHEAST QUARTER OF SECTION 11 AND THE
NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE
7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH 00 DEGREES 7 MINUTES 24 SECONDS
EAST, 109.49 FEET ALONG EAST LINE OF SAID NORTHEAST QUARTER
TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 12
MINUTES 12 SECONDS EAST, 96.97 FEET; THENCE SOUTH 06 DEGREES
14 MINUTES 27 SECONDS EAST, 566.12 FEET; THENCE SOUTHERLY,
TANGENT TO THE LAST DESCRIBED COURSE, 417.42 FEET ALONG A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 460.00 FEET,
THE CHORD OF SAID CURVE BEARING SOUTH 19 DEGREES 45
MINUTES 19 SECONDS WEST; THENCE SOUTH 45 DEGREES 45
MINUTES 06 SECONDS WEST, 309.30 FEET; THENCE NORTH 50
DEGREES 53 MINUTES 53 SECONDS WEST, 207.94 FEET; THENCE
NORTH 45 DEGREES 22 MINUTES 03 SECONDS WEST, 106.99 FEET;
THENCE NORTH 44 DEGREES 37 MINUTES 57 SECONDS EAST, 75.45
FEET; THENCE NORTH 04 DEGREES 08 MINUTES 09 SECONDS EAST,
764.83 FEET; THENCE NORTH 44 DEGREES 20 MINUTES 52 SECONDS
WEST, 178.44 FEET; THENCE NORTH 89 DEGREES 12 MINUTES 12
SECONDS EAST, 453.47 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
PARCEL 5. THAT PART OF THE NORTHEAST QUARTER OF SECTION
12, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH 00 DEGREES 10 MINUTES 57 SECONDS
EAST, 1619.34 FEET ALONG THE WEST LINE OF SAID NORTHEAST
QUARTER TO THE POINT OF BEGINNING; THENCE NORTH 89
DEGREES 49 MINUTES 03 SECONDS EAST, 155.26 FEET; THENCE
SOUTHEASTERLY, 273.98 FEET ALONG A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 230.00 FEET, THE CHORD OF SAID
CURVE BEARING, SOUTH 37 DEGREES 03 MINUTES 18 SECONDS EAST;
THENCE SOUTH 14 DEGREES 58 MINUTES 15 SECONDS WEST, 155.52
FEET; THENCE NORTH 75 DEGREES 01 MINUTES 45 SECONDS WEST,
279.17 FEET TO THE AFOREMENTIONED WEST LINE; THENCE NORTH
00 DEGREES 10 MINUTES 57 SECONDS WEST, 283.58 FEET ALONG SAID
2
WEST LINE TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF
PLATO, KANE COUNTY, ILLINOIS.
PARCEL 6. THAT PART OF THE NORTHEAST QUARTER OF SECTION 12,
TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH 00 DEGREES 10 MINUTES 57 SECONDS
EAST, 1054.12 FEET ALONG WEST LINE OF SAID NORTHEAST
QUARTER; THENCE NORTH 89 DEGREES 49 MINUTES 03 SECONDS
EAST, 352.55 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00
DEGREES 10 MINUTES 57 SECONDS WEST, 57.51 FEET; THENCE
EASTERLY, 258.27 FEET ALONG A CURVE CONCAVE TO THE NORTH,
HAVING A RADIUS OF 733.00 FEET, THE CHORD OF SAID CURVE
BEARING, NORTH 80 DEGREES 45 MINUTES 44 SECONDS EAST;
THENCE NORTH 70 DEGREES 40 MINUTES 05 SECONDS EAST, 310.37
FEET; THENCE EASTERLY, TANGENT TO THE LAST DESCRIBED
COURSE, 778.57 FEET ALONG A CURVE CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 1467.00 FEET, THE CHORD OF SAID CURVE
BEARING NORTH 85 DEGREES 52 MINUTES 20 SECONDS EAST;
THENCE SOUTH 78 DEGREES 55 MINUTES 25 SECONDS EAST, 200.00
FEET; THENCE EASTERLY, TANGENT TO THE LAST DESCRIBED
COURSE, 66.14 FEET ALONG A CURVE CONCAVE TO THE NORTH,
HAVING A RADIUS OF 333.00 FEET, THE CHORD OF SAID CURVE
BEARING SOUTH 84 DEGREES 36 MINUTES 48 SECONDS EAST;
THENCE SOUTH 00 DEGREES 18 MINUTES 11 SECONDS EAST, 57.00
FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 49 SECONDS WEST,
253.74 FEET; THENCE SOUTH 27 DEGREES 39 MINUTES 39 SECONDS
WEST, 157.30 FEET; THENCE SOUTH 00 DEGREES 18 MINUTES 11
SECONDS EAST, 620.19 FEET; THENCE NORTH 75 DEGREES O1
MINUTES 45 SECONDS WEST, 987.54 FEET; THENCE NORTH 00
DEGREES 10 MINUTES 57 SECONDS WEST, 220.72 FEET; THENCE
NORTH 34 DEGREES 12 MINUTES 28 SECONDS WEST, 157.70 FEET;
THENCE SOUTH 89 DEGREES 49 MINUTES 03 SECONDS WEST, 209.20
FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF PLATO,
KANE COUNTY, ILLINOIS.
PARCEL 7. THAT PART OF THE NORTHEAST QUARTER OF SECTION
12, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST
QUARTER; THENCE NORTH 75 DEGREES O1 MINUTES 45 SECONDS
WEST, 41.46 FEET TO THE POINT OF BEGINNING; THENCE NORTH 75
DEGREES O1 MINUTES 45 SECONDS WEST, 884.73 FEET; THENCE
NORTH 02 DEGREES 06 MINUTES 48 SECONDS EAST, 30.77 FEET;
3
THENCE NORTH 79 DEGREES 15 MINUTES 21 SECONDS EAST, 207.71
FEET; THENCE NORTH 23 DEGREES 36 MINUTES 06 SECONDS WEST,
136.70 FEET; THENCE NORTHEASTERLY, 261.36 FEET ALONG A CURVE
CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 330.00 FEET,
THE CHORD OF SAID CURVE BEARING, NORTH 43 DEGREES 42
MINUTES 34 SECONDS EAST; THENCE NORTH 89 DEGREES 41
MINUTES 49 SECONDS EAST, 359.65 FEET; THENCE NORTH 48
DEGREES 28 MINUTES 57 SECONDS EAST, 219.92 FEET; THENCE
SOUTH 00 DEGREES 18 MINUTES 11 SECONDS EAST, 755.00 FEET; TO
THE POINT OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE
COUNTY, ILLINOIS.
PARCEL 9. THAT PART OF THE NORTHEAST QUARTER OF SECTION 11
AND THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 41
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH 00 DEGREES 7 MINUTES 24 SECONDS
EAST, 1281.89 FEET ALONG EAST LINE OF SAID NORTHEAST
QUARTER TO THE POINT OF BEGINNING; THENCE SOUTH 54
DEGREES 18 MINUTES 21 SECONDS EAST, 110.52 FEET; THENCE
SOUTH 00 DEGREES 09 MINUTES 37 SECONDS WEST, 236.49 FEET;
THENCE SOUTH 19 DEGREES 23 MINUTES 29 SECONDS EAST, 235.59
FEET; THENCE SOUTH 49 DEGREES 52 MINUTES 33 SECONDS EAST,
96.01 FEET; THENCE NORTH 40 DEGREES 07 MINUTES 27 SECONDS
EAST, 142.63 FEET; THENCE SOUTHEASTERLY, 180.91 FEET ALONG A
CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 330.00
FEET, THE CHORD OF SAID CURVE BEARING, SOUTH 65 DEGREES 34
MINUTES 52 SECONDS EAST; THENCE SOUTH 00 DEGREES 07
MINUTES 24 SECONDS EAST, 129.92 FEET; THENCE SOUTH 89
DEGREES 52 MINUTES 36 SECONDS WEST, 95.00 FEET; THENCE SOUTH
00 DEGREES 07 MINUTES 24 SECONDS EAST, 120.72 FEET; THENCE
SOUTH 89 DEGREES 52 MINUTES 36 SECONDS WEST, 50.43 FEET;
THENCE NORTHWESTERLY, TANGENT TO THE LAST DESCRIBED
COURSE, 478.66 FEET ALONG A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 370.00 FEET, THE CHORD OF SAID
CURVE BEARING NORTH 53 DEGREES 03 MINUTES 44 SECONDS
WEST; THENCE NORTH 16 DEGREES 00 MINUTES 04 SECONDS WEST,
141.22 FEET; THENCE NORTHWESTERLY, TANGENT TO THE LAST
DESCRIBED COURSE, 137.83 FEET ALONG A CURVE CONCAVE TO
THE SOUTHWEST, HAVING A RADIUS OF 530.00 FEET, THE CHORD OF
SAID CURVE BEARING NORTH 23 DEGREES 27 MINUTES 05 SECONDS
WEST; THENCE NORTH 59 DEGREES 05 MINUTES 54 SECONDS EAST,
126.00 FEET; THENCE NORTH 30 DEGREES 54 MINUTES 06 SECONDS
WEST, 56.14 FEET; THENCE NORTH 40 DEGREES 41 MINUTES 06
SECONDS WEST, 171.43 FEET; THENCE NORTH 45 DEGREES 45
4
MINUTES 06 SECONDS EAST, 101.47 FEET; THENCE SOUTH 54
DEGREES 18 MINUTES 21 SECONDS EAST, 74.20 FEET TO THE POINT
OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY,
ILLINOIS.
PARCEL 10 THAT PART OF SECTION 12 AND THE SOUTH HALF OF
SECTION 1, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST
QUARTER OF SECTION 12; THENCE NORTH 89 DEGREES 37 MINUTES
41 SECONDS EAST, 1257.72 FEET ALONG NORTH LINE OF SAID
NORTHWEST QUARTER TO THE POINT OF BEGINNING; THENCE
NORTH 00 DEGREES 10 MINUTES 41 SECONDS WEST, 31.34 FEET;
THENCE NORTH 89 DEGREES 49 MINUTES 19 SECONDS EAST, 271.32
FEET; THENCE NORTH 73 DEGREES 50 MINUTES 42 SECONDS EAST,
210.00 FEET; THENCE NORTH 21 DEGREES 21 MINUTES 18 SECONDS
EAST, 470.00 FEET; THENCE NORTH 53 DEGREES 18 MINUTES 02
SECONDS EAST, 149.03 FEET; THENCE NORTH 22 DEGREES 27
MINUTES 23 SECONDS EAST, 117.09 FEET; THENCE NORTH 00
DEGREES 10 MINUTES 41 SECONDS WEST, 40.90 FEET; THENCE
NORTH 89 DEGREES 49 MINUTES 19 SECONDS EAST, 103.14 FEET;
THENCE NORTH 52 DEGREES 51 MINUTES 06 SECONDS EAST, 120.23
FEET; THENCE NORTH 32 DEGREES 00 MINUTES 05 SECONDS EAST,
71.78 FEET; THENCE NORTH 09 DEGREES 10 MINUTES 04 SECONDS
EAST, 75.12 FEET; THENCE NORTH 13 DEGREES 39 MINUTES 57
SECONDS WEST, 75.12 FEET; THENCE NORTH 36 DEGREES 29
MINUTES 58 SECONDS WEST, 75.12 FEET; THENCE NORTH 59
DEGREES 19 MINUTES 59 SECONDS WEST, 88.87 FEET; THENCE SOUTH
89 DEGREES 49 MINUTES 19 SECONDS WEST, 157.68 FEET; THENCE
SOUTH 00 DEGREES 10 MINUTES 41 SECONDS EAST, 126.00 FEET;
THENCE SOUTH 89 DEGREES 49 MINUTES 19 SECONDS WEST, 413.96
FEET; THENCE NORTH 00 DEGREES 10 MINUTES 41 SECONDS WEST,
126.00 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 19 SECONDS
WEST, 176.82 FEET; THENCE NORTH 15 DEGREES 36 MINUTES 02
SECONDS EAST, 107.51 FEET; THENCE NORTH 89 DEGREES 42
MINUTES 49 SECONDS EAST, 109.77 FEET; THENCE NORTH 00
DEGREES 17 MINUTES 11 SECONDS WEST, 126.00 FEET; THENCE
EASTERLY, 167.31 FEET ALONG A CURVE CONCAVE TO THE NORTH,
HAVING A RADIUS OF 530.00 FEET, THE CHORD OF SAID CURVE
BEARING, NORTH 80 DEGREES 40 MINUTES 11 SECONDS EAST;
THENCE NORTH 71 DEGREES 37 MINUTES 34 SECONDS EAST, 216.86
FEET; THENCE EASTERLY, TANGENT TO THE LAST DESCRIBED
COURSE, 177.68 FEET ALONG A CURVE CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 1970.00 FEET, THE CHORD OF SAID CURVE
BEARING NORTH 74 DEGREES 12 MINUTES 36 SECONDS EAST;
THENCE SOUTH 13 DEGREES 12 MINUTES 22 SECONDS EAST, 126.00
5
FEET; THENCE NORTH 80 DEGREES 44 MINUTES 06 SECONDS EAST,
259.29 FEET; THENCE SOUTHEASTERLY, 277.27 FEET ALONG A CURVE
CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 783.00 FEET,
THE CHORD OF SAID CURVE BEARING, SOUTH 26 DEGREES 21
MINUTES 42 SECONDS EAST; THENCE SOUTH 36 DEGREES 30
MINUTES 24 SECONDS EAST, 174.85 FEET; THENCE SOUTHERLY,
TANGENT TO THE LAST DESCRIBED COURSE, 252.45 FEET ALONG A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 467.00 FEET,
THE CHORD OF SAID CURVE BEARING SOUTH 21 DEGREES O1
MINUTES 13 SECONDS EAST; THENCE SOUTH 05 DEGREES 32
MINUTES 02 SECONDS EAST, 50.79 FEET; THENCE SOUTH 84 DEGREES
27 MINUTES 58 SECONDS WEST, 265.31 FEET; THENCE SOUTH 55
DEGREES 28 MINUTES 00 SECONDS WEST, 253.77 FEET; THENCE
SOUTH 26 DEGREES 02 MINUTES 43 SECONDS WEST, 228.47 FEET;
THENCE SOUTH 00 DEGREES 30 MINUTES 42 SECONDS WEST, 152.25
FEET; THENCE SOUTH 15 DEGREES 06 MINUTES 07 SECONDS WEST,
41.22 FEET; THENCE SOUTH 47 DEGREES 56 MINUTES 06 SECONDS
WEST, 483.07 FEET; THENCE SOUTH 04 DEGREES 39 MINUTES 33
SECONDS WEST, 255.45 FEET; THENCE SOUTH 58 DEGREES 29
MINUTES 35 SECONDS EAST, 854.30 FEET; THENCE SOUTH 89
DEGREES 32 MINUTES 09 SECONDS WEST, 1063.58 FEET; THENCE
NORTH 00 DEGREES 07 MINUTES 24 SECONDS WEST, 29.74 FEET;
THENCE SOUTH 89 DEGREES 52 MINUTES 36 SECONDS WEST, 190.00
FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 24 SECONDS EAST,
139.28 FEET; THENCE SOUTH 67 DEGREES 22 MINUTES 48 SECONDS
EAST, 59.27 FEET; THENCE SOUTHERLY, 63.09 FEET ALONG A CURVE
CONCAVE TO THE EAST, HAVING A RADIUS OF 60.00 FEET, THE
CHORD OF SAID CURVE BEARING, SOUTH 07 DEGREES 30 MINUTES 06
SECONDS EAST; THENCE SOUTH 37 DEGREES 37 MINUTES 24
SECONDS EAST, 78.19 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES
36 SECONDS WEST, 126.00 FEET; THENCE SOUTH 00 DEGREES 07
MINUTES 24 SECONDS EAST, 202.50 FEET; THENCE SOUTH 89
DEGREES 52 MINUTES 36 SECONDS WEST, 25.80 FEET; THENCE
WESTERLY, TANGENT TO THE LAST DESCRIBED COURSE, 190.17
FEET ALONG A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS
OF 270.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 69
DEGREES 56 MINUTES 46 SECONDS WEST; THENCE NORTH 40
DEGREES 13 MINUTES 51 SECONDS EAST, 126.00 FEET; THENCE
NORTH 20 DEGREES 24 MINUTES 23 SECONDS WEST, 144.82 FEET;
THENCE NORTH O1 DEGREES 10 MINUTES 47 SECONDS EAST, 289.17
FEET; THENCE NORTH 63 DEGREES 26 MINUTES 13 SECONDS EAST,
175.00 FEET; THENCE NORTH 13 DEGREES 41 MINUTES 12 SECONDS
EAST, 250.00 FEET; THENCE NORTH 21 DEGREES 21 MINUTES 18
SECONDS EAST, 438.66 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
6
PARCELS 8, 12, AND 16. THAT PART OF SECTION 12 AND THE SOUTH
HALF OF SECTION 1, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST
QUARTER OF SECTION 12; THENCE NORTH 89 DEGREES 37 MINUTES
41 SECONDS EAST, 1257.72 FEET ALONG NORTH LINE OF SAID
NORTHWEST QUARTER TO THE POINT OF BEGINNING; THENCE
NORTH 00 DEGREES 10 MINUTES 41 SECONDS WEST, 31.34 FEET;
THENCE NORTH 89 DEGREES 49 MINUTES 19 SECONDS EAST, 271.32
FEET; THENCE NORTH 73 DEGREES 50 MINUTES 42 SECONDS EAST,
210.00 FEET; THENCE NORTH 21 DEGREES 21 MINUTES 18 SECONDS
EAST, 470.00 FEET; THENCE NORTH 53 DEGREES 18 MINUTES 02
SECONDS EAST, 149.03 FEET; THENCE NORTH 22 DEGREES 27
MINUTES 23 SECONDS EAST, 117.09 FEET; THENCE NORTH 00
DEGREES 10 MINUTES 41 SECONDS WEST, 40.90 FEET; THENCE
NORTH 89 DEGREES 49 MINUTES 19 SECONDS EAST, 103.14 FEET;
THENCE NORTH 52 DEGREES 51 MINUTES 06 SECONDS EAST, 120.23
FEET; THENCE NORTH 32 DEGREES 00 MINUTES 05 SECONDS EAST,
71.78 FEET; THENCE NORTH 09 DEGREES 10 MINUTES 04 SECONDS
EAST, 75.12 FEET; THENCE NORTH 13 DEGREES 39 MINUTES 57
SECONDS WEST, 75.12 FEET; THENCE NORTH 36 DEGREES 29
MINUTES 58 SECONDS WEST, 75.12 FEET; THENCE NORTH 59
DEGREES 19 MINUTES 59 SECONDS WEST, 88.87 FEET; THENCE SOUTH
89 DEGREES 49 MINUTES 19 SECONDS WEST, 157.68 FEET; THENCE
SOUTH 00 DEGREES 10 MINUTES 41 SECONDS EAST, 126.00 FEET;
THENCE SOUTH 89 DEGREES 49 MINUTES 19 SECONDS WEST, 413.96
FEET; THENCE NORTH 00 DEGREES 10 MINUTES 41 SECONDS WEST,
126.00 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 19 SECONDS
WEST, 176.82 FEET; THENCE NORTH 15 DEGREES 36 MINUTES 02
SECONDS EAST, 107.51 FEET; THENCE NORTH 89 DEGREES 42
MINUTES 49 SECONDS EAST, 109.77 FEET; THENCE NORTH 00
DEGREES 17 MINUTES 11 SECONDS WEST, 126.00 FEET; THENCE
EASTERLY, 167.31 FEET ALONG A CURVE CONCAVE TO THE NORTH,
HAVING A RADIUS OF 530.00 FEET, THE CHORD OF SAID CURVE
BEARING, NORTH 80 DEGREES 40 MINUTES 11 SECONDS EAST;
THENCE NORTH 71 DEGREES 37 MINUTES 34 SECONDS EAST, 216.86
FEET; THENCE EASTERLY, TANGENT TO THE LAST DESCRIBED
COURSE, 177.68 FEET ALONG A CURVE CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 1970.00 FEET, THE CHORD OF SAID CURVE
BEARING NORTH 74 DEGREES 12 MINUTES 36 SECONDS EAST;
THENCE SOUTH 13 DEGREES 12 MINUTES 22 SECONDS EAST, 126.00
FEET; THENCE NORTH 80 DEGREES 44 MINUTES 06 SECONDS EAST,
259.29 FEET; THENCE SOUTHEASTERLY, 277.27 FEET ALONG A CURVE
CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 783.00 FEET,
THE CHORD OF SAID CURVE BEARING, SOUTH 26 DEGREES 21
MINUTES 42 SECONDS EAST; THENCE SOUTH 36 DEGREES 30
7
MINUTES 24 SECONDS EAST, 174.85 FEET; THENCE SOUTHERLY,
TANGENT TO THE LAST DESCRIBED COURSE, 252.45 FEET ALONG A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 467.00 FEET,
THE CHORD OF SAID CURVE BEARING SOUTH 21 DEGREES O1
MINUTES 13 SECONDS EAST; THENCE SOUTH 05 DEGREES 32
MINUTES 02 SECONDS EAST, 50.79 FEET; THENCE SOUTH 84 DEGREES
27 MINUTES 58 SECONDS WEST, 265.31 FEET; THENCE SOUTH 55
DEGREES 28 MINUTES 00 SECONDS WEST, 253.77 FEET; THENCE
SOUTH 26 DEGREES 02 MINUTES 43 SECONDS WEST, 228.47 FEET;
THENCE SOUTH 00 DEGREES 30 MINUTES 42 SECONDS WEST, 152.25
FEET; THENCE SOUTH 15 DEGREES 06 MINUTES 07 SECONDS WEST,
41.22 FEET; THENCE SOUTH 47 DEGREES 56 MINUTES 06 SECONDS
WEST, 483.07 FEET; THENCE SOUTH 04 DEGREES 39 MINUTES 33
SECONDS WEST, 255.45 FEET; THENCE SOUTH 58 DEGREES 29
MINUTES 35 SECONDS EAST, 854.30 FEET; THENCE SOUTH 89
DEGREES 32 MINUTES 09 SECONDS WEST, 1063.58 FEET; THENCE
NORTH 00 DEGREES 07 MINUTES 24 SECONDS WEST, 29.74 FEET;
THENCE SOUTH 89 DEGREES 52 MINUTES 36 SECONDS WEST, 190.00
FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 24 SECONDS EAST,
139.28 FEET; THENCE SOUTH 67 DEGREES 22 MINUTES 48 SECONDS
EAST, 59.27 FEET; THENCE SOUTHERLY, 63.09 FEET ALONG A CURVE
CONCAVE TO THE EAST, HAVING A RADIUS OF 60.00 FEET, THE
CHORD OF SAID CURVE BEARING, SOUTH 07 DEGREES 30 MINUTES 06
SECONDS EAST; THENCE SOUTH 37 DEGREES 37 MINUTES 24
SECONDS EAST, 78.19 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES
36 SECONDS WEST, 126.00 FEET; THENCE SOUTH 00 DEGREES 07
MINUTES 24 SECONDS EAST, 202.50 FEET; THENCE SOUTH 89
DEGREES 52 MINUTES 36 SECONDS WEST, 25.80 FEET; THENCE
WESTERLY, TANGENT TO THE LAST DESCRIBED COURSE, 190.17
FEET ALONG A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS
OF 270.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 69
DEGREES 56 MINUTES 46 SECONDS WEST; THENCE NORTH 40
DEGREES 13 MINUTES 51 SECONDS EAST, 126.00 FEET; THENCE
NORTH 20 DEGREES 24 MINUTES 23 SECONDS WEST, 144.82 FEET;
THENCE NORTH O1 DEGREES 10 MINUTES 47 SECONDS EAST, 289.17
FEET; THENCE NORTH 63 DEGREES 26 MINUTES 13 SECONDS EAST,
175.00 FEET; THENCE NORTH 13 DEGREES 41 MINUTES 12 SECONDS
EAST, 250.00 FEET; THENCE NORTH 21 DEGREES 21 MINUTES 18
SECONDS EAST, 438.66 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
PARCEL 17. THAT PART OF THE NORTHEAST QUARTER OF SECTION
11 AND THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 41
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
8
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH 89 DEGREES 12 MINUTES 12 SECONDS
WEST, 1708.84 FEET ALONG NORTH LINE OF SAID NORTHEAST
QUARTER TO THE POINT OF BEGINNING; THENCE NORTH 08
DEGREES 51 MINUTES 12 SECONDS WEST, 1006.90 FEET; THENCE
NORTH 89 DEGREES 12 MINUTES 12 SECONDS EAST, 895.80 FEET;
THENCE SOUTH 45 DEGREES 39 MINUTES 08 SECONDS WEST, 611.43
FEET; THENCE SOUTH 29 DEGREES 12 MINUTES 07 SECONDS WEST,
523.10 FEET; THENCE SOUTH 00 DEGREES 47 MINUTES 48 SECONDS
EAST, 453.09 FEET; THENCE SOUTH 32 DEGREES 16 MINUTES 54
SECONDS EAST, 441.37 FEET; THENCE SOUTH 68 DEGREES 22
MINUTES 52 SECONDS EAST, 359.45 FEET; THENCE SOUTH 45
DEGREES 22 MINUTES 03 SECONDS EAST, 724.01 FEET; THENCE
SOUTH 50 DEGREES 53 MINUTES 53 SECONDS EAST, 183.19 FEET;
THENCE SOUTHWESTERLY, 95.26 FEET ALONG A CURVE CONCAVE
TO THE SOUTHEAST, HAVING A RADIUS OF 1080.00 FEET, THE CHORD
OF SAID CURVE BEARING, SOUTH 28 DEGREES 16 MINUTES 12
SECONDS WEST; THENCE SOUTH 25 DEGREES 44 MINUTES 35
SECONDS WEST, 282.26 FEET; THENCE NORTHWESTERLY, 308.35 FEET
ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS
OF 1085.92 FEET, THE CHORD OF SAID CURVE BEARING, NORTH 53
DEGREES 30 MINUTES 09 SECONDS WEST; THENCE NORTH 45
DEGREES 22 MINUTES 03 SECONDS WEST, 114.53 FEET; THENCE
NORTH 34 DEGREES 55 MINUTES 02 SECONDS EAST, 339.13 FEET;
THENCE NORTH 45 DEGREES 22 MINUTES 03 SECONDS WEST, 560.00
FEET; THENCE SOUTH 34 DEGREES 55 MINUTES 02 SECONDS WEST,
343.35 FEET; THENCE NORTHWESTERLY, 417.21 FEET ALONG A
CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1492.39
FEET, THE CHORD OF SAID CURVE BEARING, NORTH 57 DEGREES 39
MINUTES 21 SECONDS WEST; THENCE NORTH 65 DEGREES 39
MINUTES 53 SECONDS WEST, 382.55 FEET; THENCE
NORTHWESTERLY, TANGENT TO THE LAST DESCRIBED COURSE,
456.97 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST,
HAVING A RADIUS OF 1577.02 FEET, THE CHORD OF SAID CURVE
BEARING NORTH 57 DEGREES 21 MINUTES 49 SECONDS WEST;
THENCE NORTH 47 DEGREES 11 MINUTES 02 SECONDS EAST, 760.28
FEET; THENCE NORTH 89 DEGREES 12 MINUTES 12 SECONDS EAST,
140.99 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF
PLATO, KANE COUNTY, ILLINOIS.
FOY OUTLOTS 4, 5, 6 & 7. THAT PART OF THE SOUTH EAST QUARTER
OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 7 AFORESAID, 76 LINKS EAST OF THE
SOUTHWEST CORNER THEREOF; THENCE NORTH 20 DEGREES 41
9
MINUTES 33 SECONDS WEST, 1028.54 FEET; THENCE NORTH 88
DEGREES 04 MINUTES 12 SECONDS WEST, 450.00 FEET TO THE POINT
OF BEGINNING; THENCE NORTH 64 DEGREES 03 MINUTES 02
SECONDS EAST, 507.30 FEET; THENCE NORTH 21 DEGREES 15
MINUTES 29 SECONDS EAST, 1240.00 FEET; THENCE NORTH 23
DEGREES 53 MINUTES 29 SECONDS WEST, 345.44 FEET; THENCE
SOUTH 85 DEGREES 44 MINUTES 47 SECONDS EAST, 222.34 FEET;
THENCE SOUTH 05 DEGREES 38 MINUTES 42 SECONDS WEST, 401.05
FEET; THENCE SOUTH 84 DEGREES 46 MINUTES 03 SECONDS EAST,
128.00 FEET; THENCE SOUTH 05 DEGREES 38 MINUTES 42 SECONDS
WEST, 83.66 FEET; THENCE SOUTHERLY, TANGENT TO THE LAST
DESCRIBED COURSE, 264.32 FEET ALONG A CURVE CONCAVE TO
THE WEST, HAVING A RADIUS OF 970.00 FEET, THE CHORD OF SAID
CURVE BEARING SOUTH 13 DEGREES 27 MINUTES 06 SECONDS WEST;
THENCE SOUTH 21 DEGREES 15 MINUTES 29 SECONDS WEST, 503.23
FEET; THENCE SOUTHWESTERLY, TANGENT TO THE LAST
DESCRIBED COURSE, 124.08 FEET ALONG A CURVE CONCAVE TO
THE NORTHWEST, HAVING A RADIUS OF 270.00 FEET, THE CHORD OF
SAID CURVE BEARING SOUTH 34 DEGREES 25 MINUTES 24 SECONDS
WEST; THENCE SOUTH 47 DEGREES 35 MINUTES 18 SECONDS WEST,
152.16 FEET; THENCE SOUTHWESTERLY, TANGENT TO THE LAST
DESCRIBED COURSE, 158.66 FEET ALONG A CURVE CONCAVE TO
THE SOUTHEAST, HAVING A RADIUS OF 330.00 FEET, THE CHORD OF
SAID CURVE BEARING SOUTH 33 DEGREES 48 MINUTES 54 SECONDS
WEST; THENCE SOUTH 20 DEGREES 02 MINUTES 31 SECONDS WEST,
305.54 FEET; THENCE NORTH 69 DEGREES 57 MINUTES 29 SECONDS
WEST, 478.56 FEET TO THE POINT OF BEGINNING, IN ELGIN
TOWNSHIP, KANE COUNTY, ILLINOIS.
FOY PRELIMINARY PLAT OUTLOTS 9 & 10. THAT PART OF THE
SOUTH EAST QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE
8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT IN THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 7 AFORESAID, 76 LINKS EAST OF THE
SOUTHWEST CORNER THEREOF; THENCE SOUTH 20 DEGREES 41
MINUTES 33 SECONDS WEST, 416.94 FEET TO THE CENTERLINE OF
U.S. ROUTE 20; THENCE SOUTH 64 DEGREES 14 MINUTES 55 SECONDS
WEST, 1141.61 FEET ALONG SAID CENTERLINE; THENCE NORTH 20
DEGREES 02 MINUTES 31 SECONDS WEST, 1365.41 FEET; THENCE
NORTH 21 DEGREES 15 MINUTES 29 SECONDS WEST, 1397.53 FEET TO
THE POINT OF BEGINNING; THENCE NORTH 68 DEGREES 44 MINUTES
31 SECONDS WEST, 41.49 FEET; THENCE NORTHERLY, 148.35 FEET
ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF
1030.00 FEET, THE CHORD OF SAID CURVE BEARING, NORTH 09
DEGREES 46 MINUTES 16 SECONDS EAST; THENCE NORTH 05
10
DEGREES 38 MINUTES 42 SECONDS EAST, 84.09 FEET; THENCE SOUTH
84 DEGREES 46 MINUTES 03 SECONDS EAST, 129.40 FEET; THENCE
NORTH 05 DEGREES 13 MINUTES 57 SECONDS EAST, 70.00 FEET;
THENCE SOUTH 84 DEGREES 46 MINUTES 03 SECONDS EAST, 426.31
FEET; THENCE NORTH 62 DEGREES 38 MINUTES 51 SECONDS EAST,
157.12 FEET; THENCE NORTH 34 DEGREES 52 MINUTES 19 SECONDS
EAST, 160.77 FEET TO THE EAST LINE OF SECTION 7; THENCE SOUTH
00 DEGREES 18 MINUTES 49 SECONDS EAST, 449.09 FEET ALONG SAID
EAST LINE; THENCE NORTH 81 DEGREES 44 MINUTES 06 SECONDS
WEST, 747.12 FEET; THENCE SOUTH 21 DEGREES 15 MINUTES 29
SECONDS WEST, 135.45 FEET; TO THE POINT OF BEGINNING, IN ELGIN
TOWNSHIP, KANE COUNTY, ILLINOIS."
Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned
Community Facility District which shall be designed, developed, and operated subject to the
following provisions:
A. Purpose and Intent. The purpose and intent of this PCF zoning district is to
provide a planned environment for various types of community facilities, subject
to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal
Code, 1976, as amended. In general, community facilities provide governmental,
recreational, educational, health, social, religious, and transportation services to
the community on a for profit or an a not for profit basis.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol "[SR]", shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations
of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PCF zoning district, the use and development of land
and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended, and the provisions of
the Annexation Agreement.
D. Zoning Districts - Generally. In this PCF zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PCF zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PCF zoning district exclusive of rights-of-way,
but including adjoining land or land directly opposite a right of way shall not be
less than two acres.
11
F. Land Use. In this PCF zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal
Code, 1976, as amended. The following enumerated"land uses" [SR] shall be the
only land uses allowed as a"permitted use" [SR] in this PCF zoning district:
Permitted Uses. The following enumerated land uses shall be the only land uses
allowed as a permitted use in the CF Community Facility District:
Municipal Services Division.
1. "Municipal facilities" [SR] (UNCL).
2. "Public parks, recreation, open space" [SR] (UNCL).
Public Administration Division.
3. Public administration (J).
4. Justice, public order, and safety(92).
Finance, Insurance, and Real Estate Division.
5. "Development sales office" [SR] (UNCL).
Services Division.
9. Elementary and secondary schools (821).
12. Museums, art galleries and botanical and zoological gardens (841).
15. Public Libraries (823).
16. Clubhouse, consisting of a community center to be owned by the property
homeowners association for the subject residential development, operated
and used exclusively accessory to the residential development, operated
exclusively on Parcel 1. Such use may include indoor and outdoor sports
fitness, social, health and recreational activities for homeowner association
members and their guests, pool and aquatic center, volleyball, basketball
courts, tennis courts and sports fields both lighted and unlighted, private
parties and social functions for homeowners association members and
their guests sponsored by the homeowners association or its members,
childcare for homeowner association members partaking in fitness and
social programs, homeowner association meetings, property management
office for homeowners association, community welcome
center/information center, snack bar/concession stand and children's day
camp activities sponsored or contracted by the homeowners association.
(UNCL).
Construction Division.
17. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication and Utilities Division.
20. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
21. "Radio and television antennas" [SR] (UNCL).
22. "Satellite dish antennas" [SR] (UNCL).
23. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
25. "Fences and walls" [SR] (UNCL).
12
26. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject
to the provisions of Chapter 19.47, Off Street Loading.
27. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in this PCF zoning district, subject to the provisions of Chapter
19.45, Off Street Parking.
28. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in this PCF zoning district, subject to the provisions of Chapter
19.45, Off Street Parking.
29. "Refuse collection area" [SR].
30. "Storage Tanks" [SR] (UNCL).
31. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
32. "Temporary uses" [SR] (UNCL).
33. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
34. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF
Community Facility District, subject to the provisions of Section
19.10.400, Component Land Uses.
Conditional Uses. The following enumerated land uses shall be the only land
uses allowed as a conditional use in this PCF Community Facility District:
Services Division.
1. Arenas, sports fields, and stadiums (UNCL).
2. Child day care services (835).
3. "Institutional child day care services" [SR] (8351).
4. Job training and vocational rehabilitation service.
5. Social services not elsewhere classified (839).
6. Sporting and recreational camps (7032).
Mining Division.
10. "Temporary mining" [SR] (UNCL).
Transportation, Communication and Utilities Division.
12. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
13. "Conditional Commercial Antenna Tower" [SR] (UNCL).
14. Electric power generation (UNCL).
17. Local and suburban passenger transportation operators (411).
18. Local and suburban transit and interurban highway passenger
transportation facilities for passenger boarding (417).
20. "Other radio and television antennas" [SR] (UNCL).
22. "Other satellite dish antennas" [SR] (UNCL).
23. Pipelines, except natural gas (461).
27. Refuse systems (4953).
32. "Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators" [SR]
(UNCL).
13
Miscellaneous Uses Division.
36. "Master signage plan" [SR], subject to the provisions of Chapter 19.50,
Signs.
37. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45,
Off-Street Parking.
38. "Parking structures" [SR] (UNCL).
39. "Planned developments" [SR] on a "zoning lot" [SR] containing less than
two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments.
40. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PCF Community Facility District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
41. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19.10.400, Component Land Uses.
G. Site Design. In this PCF zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance and in the Annexation Agreement. In this PCF district,
the use and development of land and structures shall be subject to the following
conditions:
a. Community Thematics, no date.
b. Annexation Plat, prepared by Cemcon, Ltd, and dated January 22, 2004.
C. Existing Site Conditions, prepared by Cemcon Ltd., and dated January 26,
2004.
d. Conceptual Site Plan for Highland Woods, prepared by MRA, Inc., and
dated November 30, 2004.
e. Parcel G Conceptual Site Plan, prepared by MRA, Inc., and dated
December 4, 2003.
f. Parcel I Conceptual Site Plan, prepared by MRA, Inc., and dated
December 4, 2003.
g. Conceptual Site Plan for Foy Property, prepared by Cemcon, Ltd., and
dated February 16, 2004.
h. Preliminary Subdivision Plat of Highland Woods, prepared by Cemcon,
Ltd., and dated February 5, 2004.
i. Preliminary Plat of Foy Property, prepared by Cemcon, Ltd., and dated
February 5, 2004.
j. The minimum required building setback from a "transition lot line" [SR]
shall be twenty (20) lineal feet.
k. A "transition landscape yard" [SR] shall be provided adjoining the entire
length of a transition lot line. The depth of the transition landscape yard
shall be a minimum of twenty(20) lineal feet.
In the event the owner of the subject property proposes development of a phase or
phases of the development which are not in general conformance with the
foregoing listed site design conditions, the owner shall be required to submit a
14
development plan to the city for review by the Planning and Development
Commission and approval by the City Council.
H. Off-street Parking. In this PCF zoning district, off street parking shall be subject
to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal
Code, 1976, as amended.
I. Off-street Loading. In this PCF zoning district, off-street loading shall be
subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin
Municipal Code, 1976, as amended.
J. Signs. In this PCF zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. Until the
developer has sold all homes within the subject development, the developer shall
be allowed to maintain a uniformly designed system of onsite directional and
informational signs located on parkways within public rights-of-way, within the
development, to provide directions and information on model homes and
neighborhood amenities. One billboard type sign no more than twelve (12) feet in
height and containing no more than one hundred twenty-eight (128) square feet
per side shall be allowed along each of the Highland Avenue, Coombs Road and
Route 20 frontages of the development, located outside of any public right-of-
way. Design and placement of the signs shall be subject to the review and
approval of the city's development administrator.
K. Amendments. In this PCF zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PCF
zoning district authorize such an application.
L. Planned Developments. In this PCF zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments of the Elgin Municipal Code, 1976, as amended. A
conditional use for a planned development may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PCF
zoning district and without necessitating that all other property owners in this PCF
zoning district authorize such an application.
M. Conditional Uses. In this PCF zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PCF zoning district and without necessitating that all other property owners
in this PCF zoning district authorize such an application.
N. Variations. In this PCF zoning district, application for variation shall be subject
to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976,
15
as amended. Any of the requirements of this ordinance may be varied by petition
of a lot or property owner for a zoning lot without requiring an amendment to this
PCF zoning district and without necessitating that all other property owners in this
PCF zoning district authorize such an application.
O. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator, and the
provisions of the Annexation Agreement.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin
Municipal Code, 1976, as amended.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
s/Ed Schock
Ed Schock, Mayor
Presented: February 25, 2004
Passed: February 25, 2004
Vote: Yeas: 5 Nays: 1
Recorded: February 26, 2004
Published:
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
16
V
GROUP EXHIBIT C
Ordinance No. G19-04
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PCF PLANNED COMMUNITY FACILITY DISTRICT
School Site
(Highland Woods Subdivision/Foy Property Subdivision - 899 and 900 Coombs Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory to a PCF Planned
Community Facility District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PCF
Planned Community Facility District, the following described property:
"The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the PCF Planned Community
Facility District, the following described property:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 12 AND THE
SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 41 NORTH, RANGE
7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST
QUARTER; THENCE NORTH 89 DEGREES 37 MINUTES 41 SECONDS
EAST, 165.74 FEET ALONG NORTH LINE OF SAID NORTHWEST
QUARTER TO THE POINT OF BEGINNING; THENCE NORTH 06
DEGREES 14 MINUTES 27 SECONDS WEST, 5.11 FEET; THENCE
NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 27.83
FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS
OF 344.92 FEET, THE CHORD OF SAID CURVE BEARING NORTH 03
DEGREES 55 MINUTES 45 SECONDS WEST; THENCE NORTH 89
DEGREES 49 MINUTES 19 SECONDS EAST, 1105.84 FEET; THENCE
SOUTH 21 DEGREES 21 MINUTES 18 SECONDS WEST, 470.00 FEET;
THENCE SOUTH 73 DEGREES 50 MINUTES 42 SECONDS WEST, 210.00
FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 19 SECONDS WEST,
680.00 FEET; THENCE NORTH 06 DEGREES 14 MINUTES 27 SECONDS
WEST, 464.75 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP
OF PLATO, KANE COUNTY, ILLINOIS."
Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned
Community Facility District which shall be designed, developed, and operated subject to the
following provisions:
A. Purpose and Intent. The purpose and intent of this PCF zoning district is to
provide a planned environment for various types of community facilities, subject
to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal
Code, 1976, as amended. In general, community facilities provide governmental,
recreational, educational, health, social, religious, and transportation services to
the community on a for profit or an a not for profit basis.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol "[SR]", shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations
of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PCF zoning district, the use and development of land
and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts - Generally. In this PCF zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PCF zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PCF zoning district exclusive of rights-of-way,
but including adjoining land or land directly opposite a right of way shall not be
less than two acres.
F. Land Use. In this PCF zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal
Code, 1976, as amended. The following enumerated "land uses" [SR] shall be the
only land uses allowed as a"permitted use" [SR] in this PCF zoning district:
Permitted Uses. The following enumerated land uses shall be the only land uses
allowed as a permitted use in the PCF Community Facility District:
2
Municipal Services Division.
1. "Municipal facilities" [SR] (UNCL).
2. 'Public parks, recreation, open space" [SR] (UNCL).
Public Administration Division.
3. Public administration (J).
4. Justice, public order, and safety(92).
Finance, Insurance, and Real Estate Division.
5. "Development sales office" [SR] (UNCL).
Services Division.
9. Elementary and secondary schools (821).
12. Museums, art galleries and botanical and zoological gardens (841).
15. Public Libraries (823).
Construction Division.
17. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication and Utilities Division.
20. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
21. "Radio and television antennas" [SR] (UNCL).
22. "Satellite dish antennas" [SR] (UNCL).
23. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
25. "Fences and walls" [SR] (UNCL).
26. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject
to the provisions of Chapter 19.47, Off Street Loading.
27. 'Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in this PCF zoning district, subject to the provisions of Chapter
19.45, Off Street Parking.
28. 'Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in this PCF zoning district, subject to the provisions of Chapter
19.45, Off Street Parking.
29. "Refuse collection area" [SR].
30. "Storage Tanks" [SR] (UNCL).
31. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
32. "Temporary uses" [SR] (UNCL).
33. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
34. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF
Community Facility District, subject to the provisions of Section
19.10.400, Component Land Uses.
Conditional Uses. The following enumerated land uses shall be the only land
uses allowed as a conditional use in this PCF Community Facility District:
3
Services Division.
1. Arenas, sports fields, and stadiums (UNCL).
2. Child day care services (835).
3. "Institutional child day care services" [SR] (8351).
4. Job training and vocational rehabilitation service.
5. Social services not elsewhere classified (839).
6. Sporting and recreational camps (7032).
Mining Division.
10. "Temporary mining" [SR] (UNCL).
Transportation, Communication and Utilities Division.
12. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
13. "Conditional Commercial Antenna Tower" [SR] (UNCL).
14. Electric power generation (UNCL).
17. Local and suburban passenger transportation operators (411).
18. Local and suburban transit and interurban highway passenger
transportation facilities for passenger boarding (417).
20. "Other radio and television antennas" [SR] (UNCL).
22. "Other satellite dish antennas" [SR] (UNCL).
23. Pipelines, except natural gas (461).
27. Refuse systems (4953).
32. "Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators" [SR]
(UNCL).
Miscellaneous Uses Division.
36. "Master signage plan" [SR], subject to the provisions of Chapter 19.50,
Signs.
37. 'Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45,
Off-Street Parking.
38. 'Parking structures" [SR] (UNCL).
39. 'Planned developments" [SR] on a "zoning lot" [SR] containing less than
two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments.
40. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PCF Community Facility District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
41. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19.10.400, Component Land Uses.
G. Site Design. In this PCF zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance. In this PCF zoning district, the use and development of
land and structures shall also be subject to the following conditions:
4
1. Zoning Lots - Generally. In this PCF zoning district, "zoning lots" [SR]
shall be subject to the provisions of Section 19.12.300, Zoning Lots
Clarifications and Exceptions.
2. Lot Area. In this PCF zoning district, the minimum required "zoning lot
area" [SR] shall be 20,000 square feet.
3. Lot Width. In this PCF zoning district, the minimum required "lot width"
[SR] for a zoning lot shall be 125 linear feet.
4. Setbacks - Generally. In this PCF zoning district, "setbacks" [SR] shall
be subject to the provisions of Section 19.12.400, Setbacks Clarifications
and Exceptions.
5. Setbacks by Lot Line. In this PCF zoning district, the minimum required
"building" [SR] setbacks and "vehicle use area setbacks" [SR] for a zoning
lot shall be as follows:
a. Building Setbacks.
1. Street Setback. The minimum required building setback
from a "street lot line" [SR] shall be calculated as follows:
Street setback (StS) in linear feet shall equal the area of a
zoning lot (ZLA) in square feet minus 20,000 square feet;
the difference times .000019428; the product plus 25 linear
feet. Minimum street setback can be expressed by the
following formula: StS = [(ZLA 20,000) x .000019428] +
25.
2. Interior Setback. The minimum required building setback
from an "interior lot line" [SR] shall be calculated as
follows:
Interior setback (IS) in linear feet shall equal the area of a
zoning lot (ZLA) in square feet minus 20,000 square feet;
the difference times .000015542; the product plus five
linear feet. Minimum interior setback can be expressed by
the following formula: IS = [(ZLA 20,000) x .000015542]
+ 5.
3. Transition Setback. The minimum required building
setback from a "transition lot line" [SR] shall be calculated
as follows:
Transition setback (TS) in linear feet shall equal the area of
a zoning lot (ZLA) in square feet minus 20,000 square feet;
the difference times .000038856; the product plus 50 linear
feet. Minimum transition setback can be expressed by the
following formula: TS = [(ZLA 20,000) x .000038856] +
50.
b. Vehicle Use Area Setbacks.
1. Street Setback. For zoning lots with a "vehicle use area"
[SR], the minimum required vehicle use area setback from
a street lot line shall be calculated as follows:
Vehicle use area street setback (VUAStS) in linear feet
shall equal the area of a zoning lot (ZLA) in square feet
5
minus 20,000 square feet; the difference times
.000013211; the product plus eight linear feet. Minimum
vehicle use area setback can be expressed by the following
formula: VUAStS = [(ZLA 20,000) x .000013211] + 8.
2. Interior Setback. For zoning lots with a vehicle use area,
the minimum required vehicle use area setback from an
interior lot line shall be six linear feet.
6. Accessory Structures and Buildings. In this PCF zoning district,
"accessory structures and buildings" [SR] shall be subject to the provisions
of Section 19.12.500, Accessory Structures and Buildings.
7. Yards - Generally. In this PCF zoning district, a "street yard" [SR], a
"side yard" [SR], or a "rear yard" [SR] or a "transition landscape yard"
[SR] established by a required building setback or by the actual location of
a building shall be subject to the provisions of Section 19.12.600,
Obstructions in Yards.
8. Landscape Yards. In this PCF zoning district, landscape yards shall be
as follows:
a. Transition Landscape Yards. A "transition landscape yard" [SR]
shall be provided adjoining the entire length of a transition lot line.
Transition landscape yards shall be subject to the provisions of
Section 19.12.700, Landscaping. The depth of the transition
landscape yard shall be one half of the required transition setback
calculated in Section 19.30.135, E., c. Transition Setback.
b. Vehicle Use Area Landscape Yards. The yards established by
vehicle use area setbacks from a street lot line and from an interior
lot line shall be used as "vehicle use area landscape yards" [SR]
with the exception of access driveways as provided in Section
19.45.100, Access Driveways to a Public Right of Way and
Section 19.45.110, Size of Driveways. Vehicle use area landscape
yards shall be subject to the provisions of Section 19.12.700,
Landscaping.
C. Interior Landscape Yards. "Interior landscape yards" [SR] shall
be installed on a zoning lot featuring a "vehicle use area" [SR],
which exceeds 5,000 square feet in area, subject to the provisions
of Section 19.12.700, Landscaping.
9. Floor Area. In the CF zoning district, the maximum "floor area" [SR] for
a zoning lot shall be calculated as follows:
Floor area (FA) in square feet shall equal the area of a zoning lot (ZLA) in
square feet minus 20,000 square feet; the difference times .4985; the
product plus 12,000 square feet. Maximum floor area can be expressed by
the following formula: FA= [(ZLA 20,000) x .4985] + 12,000.
10. Building Coverage. In the CF zoning district, the maximum "building
coverage" (SR) for a zoning lot shall be calculated as follows:
Building coverage (BC) in square feet shall equal the area of a zoning lot
(ZLA) in square feet minus 20,000 square feet; the difference times
.4016; the product plus 6,000 square feet. Maximum building coverage
6
can be expressed by the following formula: BC = [(ZLA 20,000) x
.4016] + 6,000.
11. Minimum Acreage Requirements. The minimum acreage requirements
for the developer's dedication of a school site for a public elementary
school shall be eleven (11) acres provided that stormwater detention is
provided offsite.
H. Off-street Parking. In this PCF zoning district, off street parking shall be subject
to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal
Code, 1976, as amended.
I. Off-street Loading. In this PCF zoning district, off-street loading shall be
subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin
Municipal Code, 1976, as amended.
J. Signs. In this PCF zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PCF zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PCF
zoning district authorize such an application.
L. Planned Developments. In this PCF zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments of the Elgin Municipal Code, 1976, as amended. A
conditional use for a planned development may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PCF
zoning district and without necessitating that all other property owners in this PCF
zoning district authorize such an application.
M. Conditional Uses. In this PCF zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PCF zoning district and without necessitating that all other property owners
in this PCF zoning district authorize such an application.
N. Variations. In this PCF zoning district, application for variation shall be subject
to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976,
as amended. Any of the requirements of this ordinance may be varied by petition
of a lot or property owner for a zoning lot without requiring an amendment to this
PCF zoning district and without necessitating that all other property owners in this
PCF zoning district authorize such an application.
7
O. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin
Municipal Code, 1976, as amended.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
s/Ed Schock
Ed Schock, Mayor
Presented: February 25, 2004
Passed: February 25, 2004
Vote: Yeas: 5 Nays: I
Recorded: February 26, 2004
Published:
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
8
GROUP EXHIBIT C
Resolution No. 04-53
RESOLUTION
APPROVING PRELIMINARY PLATS FOR THE HIGHLAND WOODS DEVELOPMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that it
hereby approves the preliminary plat of subdivision of Highland Woods and approves the
preliminary plat of subdivision for the Foy Property prepared by Cemcon Ltd.,and dated February 5,
2004. The approval granted by this resolution is tentative in nature, involving the general
acceptability of the layout as submitted, and shall not qualify the plat for recording. Application for
final approval shall be made not later than one year after the date of this resolution and must be
supported by such drawings, specifications and monetary assurance as may be necessary to
demonstrate compliance with applicable statutes and ordinances.
s/Ed Schock
Ed Schock, Mayor
Presented: February 25, 2004
Adopted: February 25, 2004
Vote: Yeas: 5 Nays: 1
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
2/23/04
EXHIBIT "G"
Engineering Specifications
The "Property" (as defined under the attached Annexation and
Development Agreement) , which shall be zoned under the Planned
Development District of the City of Elgin' s Zoning Ordinance
(the "PD District" ) , shall be governed by the City of Elgin' s
General Notes, Engineering and Construction Standards and
Specifications (dated July 2001) , Standard Specifications -
Structure Frames and Grate or Lids, Title 18 of the Subdivision
Ordinance, and Ordinance G80-01 Amending Title 21 of the Elgin
Municipal Code, 1976 , as amended entitled "Storm water
Management" as amended, modified and supplemented by the
provisions contained below.
In the event of any conflicts or inconsistencies between the
provisions contained below and the provisions contained in the
Subdivision Ordinance or any other ordinance of the Village, the
provisions contained below shall govern, supercede and prevail
for the Property.
The Subdivision Ordinance and Engineering Standards shall be
amended, modified and supplemented as provided below for the
Property. Except as expressly provided herein, the Subdivision
Ordinance shall not otherwise be amended and shall remain in
full force and effect .
General Notes
Item 12 . The developer shall verify that all public
improvements are constructed either within the public right-of-
way or City easements.
Storm Sewer
Item 1 . All storm sewer pipes shall be reinforced concrete
pipe conforming to ASTM C-76 class IV with confined O-ring
gasketed joints in compliance with ASTM C-361 under pavement and
class III ASTM in all non paved areas per section 4 . 10 of
the City of Elgin Engineering and Construction standards.
Item 2 . All sump pump and drain tile discharges shall be routed
to the storm sewer system. Sump pump drain service connections
406935/C/18
shall be four inches (4" ) PVC at a minimum slope of 2% or 6"
HDPE at a minimum slope of 0. 50. Minimum cover shall be two feet
(2 ' ) . The discharge pipe shall be SDR 26 and shall conform to
ASTM D2751 or ASTM D3034 specifications .
Item 7 . Storm sewer mains shall be inspected with a video
camera. Televising of sewers must occur no sooner than 60 days
after placement of the roadway binder course.
Item 8. Rear Yard storm sewers mains are permitted provided the
storm sewer is 24" or less in diameter.
Item 9. Rear yard storm sewers may be perforated HDPE pipe in
lieu of City of Elgin pipe material standards. The Homeowner's
Association (or homeowner for sump lines) shall maintain all
HDPE piping mains and structures. Storm sewer systems
constructed of City of Elgin standard pipe material shall be
maintained by the City.
Water main.
Item 6 . Water services and fire suppression systems from
property line into the building shall be made and installed by a
licensed plumber, in accordance with the Illinois State Plumbing
Code . All water services from the main up to the B-box may be
installed by the developer if City installation crews cannot
keep up with the pace of development.
Sanitary Sewer.
Item 5 . Sanitary sewer service lines shall be 6" diameter PVC
pipe SDR 26 (minimum) with a minimum slope of 1% . A clean out
shall be located on the service line one foot outside the
foundation line for each single family house .
Item 13 . 6" thick concrete collars will not be required around
sanitary manhole frames in any instance provided that a rubber
chimney seal is installed on the manhole.
Paving.
Item 1 . Local streets shall have a structural number of not less
than 3 . 16 and shall consist of (1) a base course which shall be
a minimum 12" thick, compacted CA-6, aggregate type B (crushed
limestone, grade 8) , conforming to IDOT requirements, (2) a
minimum two and one half (2%" ) inch bituminous binder course and
406935/C/18 2
(3) a minimum one and one half (1%" ) inch bituminous surface
course .
Item 2 . For local streets bituminous Aggregate Mixture (BAM)
shall not be required for the base course provided that the
street has a structural number of not less than 3 . 16 and (1) a
base course which shall be a minimum of twelve (12") inches
thick, compacted CA-6, aggregate type B (crushed limestone,
grade 8) , conforming to IDOT requirements (2) a minimum two and
one half (2%") inch bituminous binder course and (3) a minimum
one and one half (I%") inch bituminous surface course. Roadway
sub base shall pass a proof roll test prior to the installation
of the base course per the Illinois Department of Transportation
(IDOT) standards. Failures to the sub base, as identified by the
proof roll test, shall be remedied per IDOT requirements.
Item 13 . 2" diameter PVC piping shall not be required under all
paved areas, such as driveways, for future street light cables
provided street light cables are installed in conduit.
Item 15. Developer may install full pavement section including
surface course at time of initial paving providing that the
warranty period is extended to 2 years. If the surface course is
installed immediately after the binder course installation, no
tack coat is required.
City of Elgin: Engineering and Construction Standards and
Specifications (July 2001)
Section 3 . 00 Underground Utility Construction.
The City of Elgin will allow all proposed, sanitary storm and
water main to be placed outside of pavement edges.
For utilities located near foundations, for every one foot of
depth to the invert, one foot of horizontal easement shall be
provided on each side of the utility.
Section 3 . 30 Trench Excavation and Backfill .
The remaining part of the trench shall be filled with approved
backfill, clay, CA-6 FA-6 or flowable fill . If the trench
excavation is within 2 ' of or under a paved area (including
streets, curbs, gutters, shoulders but not including sidewalks)
full depth trench backfill shall be used. If the trench
excavation is under a sidewalk area full depth trench backfill
406935/C/18 3
shall be used. This material should then be compacted in place
to 95o maximum density at optimum moisture as determined by the
Modified Proctor Test . Any material deemed unsuitable by the
City Engineer or representative shall be removed from the
trench. If the trench excavation is within 2 ' of a sidewalk area
non-trench backfill may be utilized but such non-trench backfill
material must be suitable for compaction. Sidewalk thickness
shall be 5" and Developer shall extend the Maintenance Period
for sidewalks (only) by one (1) additional year than what is
currently required by ordinance.
Section 3 . 8 Marker Boards .
At locations deemed necessary by the engineer, the contractor
shall supply marker boards . Marker boards shall be hardwood
posts with minimum dimensions of 3%" x 3 %" and 7 ' in length.
All marker boards shall be buried a minimum of 3 ' below grade
and extend 4 ' above existing grade . The top one foot of the
storm marker board shall be painted green with the sanitary
marker boards painted red and water marked blue . All marker
boards damaged or removed during construction shall be replaced
at the contractor' s expense .
Section 3 . 9 Trench Backfill .
Flowable Fill or Controlled Low-Strength Material (CLSM) shall
be in accordance with all provisions provided by the Illinois
Department of Transportation. The following mixes are pre-
approved with the other mix designs to be submitted for review
by the City Engineer. Trench Backfill mined on site may be used
provided that it meets the gradation requirements of trench
backfill .
Section 4 . 00 Storm Sewer Construction.
The use of inlets will be accepted provided that they are
privately owned and maintained.
Televising of storm sewers will be required and must be
completed no sooner than 60 days after the installation of the
roadway binder course.
Section 4 . 10 Material and Specifications .
406935/C/18 4
All manholes shall have a minimum diameter of 4 ' . Catch basins
shall have an inside diameter of not less than 31and include a
minimum 2 ' sump. Both structures shall conform to all
specifications provided in "Standard Specifications Water &
Sewer Main Construction in Illinois" . Inlets shall have an
inside diameter of not less than 2 ' and are not required to have
a sump.
For pipe 36"or less in diameter, the maximum spacing between
manholes shall be no more than 300' . A maximum spacing of 500'
may be used for pipe diameters greater than 36" . Maximum spacing
of manholes, catch basins and inlets may be increased provided
the Developer submits supporting evidence that the increase in
spacing is warranted and the City Engineer approves such an
increase in spacing.
Section 4 . 40 Sump Lines .
Sump lines may be directly connected to a storm sewer structure .
The connection of sump lines to a storm sewer line will be
permitted provided that the homeowner shall be responsible for
maintenance of the sump line. The connection shall be made using
a bored hole into a storm sewer structure . The remaining void
around the hole shall than be mortared shut to provide a water
tight seal . No part of the sump line shall extend into the storm
sewer structure past the inside wall of the structure .
Section 4 . 5 Culverts .
All culverts shall have a minimum inside diameter of 121 .
Culverts shall have a positive pitch of a minimum 1 . 00% or
matching the slope of the existing swale provided that a minimum
cleaning velocity of 2 feet/sec is maintained. Adjacent ground
shall be graded to match culvert inverts . All pipe materials
must be approved by the engineer or representative prior to
construction. All culverts under driveways shall be maintained
by the property owner. Culvert maintenance shall be the
responsibility of the Homeowners' Association.
Section 5 . 20 Materials and Specifications .
No sooner than 60 days following the placement of the roadway
binder course, the developer will be responsible for televising
the sewer. A tape will be provided to the City of Elgin' s
Engineering Division of Public Works . Any, deficiencies in the
sewer material or construction, as noted by the City Engineer,
shall be corrected by the contractor at their own expense .
406935/C/18 S
Section 6 . 10 Materials and Specifications .
All water main must be a minimum of 10' horizontally from any
sewer lines per Illinois Environmental Protection Agency (IEPA)
requirements. If a new water main is placed within 10 ' of an
existing water supply, the contractor must follow all
specifications and details found in "Standard Specifications for
Water and Sewer Main Construction in Illinois" . The 10'
separation requirement shall not apply to storm sewer/water
service line crossings.
Section 6 . 120 Sprinkler Systems .
With the exception of entrance monuments and common area
boulevards, the entire system shall be placed out of the right
of way and in such a fashion to allow proper maintenance of the
system. Sprinkler systems shall be constructed to allow the
removal of water from all lines to prevent against freezing.
Maintenance of sprinkler systems in common areas shall be the
responsibility of the Homeowners' Association.
Section 7 . 10 Roadway Geometry.
All streets shall be centered on a minimum 60 ' right of way and
conform to the following minimum criteria. Additional right of
way area may be requested at the intersection of larger streets .
All curb corners shall have a minimum radius of 201 .
Street Classification Pavement Width (back/back curb&gutter)
Major Arterial In conformity with City standards
Minor Arterial In conformity with City standards
Collector 32 feet
Minor 28 feet
Cul-de-sac 26 feet
Frontage Access 24 feet
Alleys 16 feet
Cul-de-sacs shall not be greater than 900 feet, measured along
the centerline . The cul-de-sac shall terminate into a circular
shape with a minimum diameter of 1001 . The terminus of the cul-
de-sac shall be centered on the street . Asymmetrical cul-de-sacs
may be acceptable if the Developer provides evidence that it is
warranted and the City Engineer approves such a configuration.
Developer shall place "No Parking" signage along streets if a
problem arises upon full build out of the subdivision.
406935/C/18 6
Section 7 . 41 Description.
All sidewalks shall be constructed of Portland Cement Concrete
to a grade approved by the Engineering Division of Public Works .
Sidewalks shall be 5" in thickness and 4 ' to 5' in width as
specified by the Engineering Division. Driveway approaches (and
sidewalks extending across driveways) shall be 6" in thickness
and shall be a maximum of 24 ' wide at the curb line . Where it is
necessary to remove the existing curb in order to construct a
driveway, the new depressed curb shall be constructed with a 1"
face at the flow line .
Section 7 . 50 Combination Concrete Curb and Gutter.
All curb and gutter installed in the residential areas of the
City of Elgin shall be either B6. 12 or B-modified curb design.
The curb and gutter shall be in conformance with all
specifications found in the Standard Specifications for Bridge
and Road Construction.
Section 7 . 70 Pavement .
A. BITUMINUS
For local streets, the granular base course shall be a minimum
of twelve inches (12") thick. The bituminous concrete binder and
surface courses shall have a minimum total thickness of four
inches (4" ) and it shall be Bituminous Plant Mix.
The granular base course shall be placed in accordance with IDOT
standards (maximum of four inch (41, ) lifts) .
For local streets, the bituminous concrete binder course shall
be placed in one lift two and one half (2%") inches thick
compacted. The top or final layer shall be one and one half
(1 " ) inches thick and may be placed immediately after the
installation of the binder course. Prior to the placement of the
final lift, any damage or failure of the binder course and/or
granular base course shall be satisfactorily repaired by the
developer, as directed by the City Engineer. Developer shall
also make repairs to the roadways prior to City acceptance of
the improvements.
Section 8 . 50 Street Light Pole Foundation
406935/C/18 7
Steel helix self-auguring street light pole foundations, of the
size recommended by the manufacturer, may be used in lieu of
concrete foundations for street light poles.
Concrete street light pole foundations shall be constructed per
the street light manufacturer's recommendations.
Section 8 . 6 Street Light Pole, Fixture, and Wattage
Ornamental street lights poles and fixtures (minimum of 12 feet
in height) may be used in lieu of a spun aluminum pole.
Section 8 . 81 Cabinet .
Street lights may be directly wired to residential electric
pedestals in lieu of being wired to a separate individual
controller cabinet.
Section 9 . 10 Sign Panel
Custom stop sign posts and panels may be used in lieu of City
standards provided that the panels meet the requirements of the
"Manual of Uniform Traffic Control Devices". The City shall
grant the Homeowners Association (HOA) the opportunity to
replace damaged ornamental sign posts and panels at their
expense. If the HOA chooses to not to replace the sign posts and
panels, the City shall replace them with City standards.
Section 9 . 20 Street Name Sign and Assembly
Custom street name signs and poles may be used in lieu of City
standards provided that they remain consistent throughout the
development. The City shall grant the HOA the opportunity to
replace damaged custom street name signs and posts at their
expense. If the HOA chooses to not to replace the custom street
name signs and post, the City shall replace them with City
standards.
Section 9 . 34 "Poz-Loc" Sign Mounting Bracket .
Custom street sign brackets may be used in lieu of "Poz-Loc"
sign mounting brackets provided that they are used consistently
throughout the development and manufacturer's recommendations
are followed.
406935/C/18 8
Section 10 Tree Planting Specifications
Trees shall be planted no closer than three feet to the sidewalk
or curb, or the curb line in an unimproved street . They shall
not obstruct the view at street intersections, nor conceal a
fire hydrant . They may be planted over water, sewer, and gas
service lines . Trees and shrubs shall be placed such that the
tree or any part of the vegetation that may fall off will not
interfere with traffic or travel in the R.O.W.
Section 11 . 30 Storm water Detention Areas
This section shall be deleted in its entirety.
Section 12 . 00 Soil Erosion and Sediment Control .
The developer should take all necessary steps to minimize soil
and sediment erosion on the job site . Prior to any construction,
the developer must possess a soil and erosion control plan that
has been approved by the City of Elgin (not the Army Corp of
Engineers (ACORP) ) in accordance with the Kane County Storm
water Ordinance as amended. In the event jurisdictional wetlands
are impacted, the Developer may need to receive approval of the
soil & erosion control plan from ACORP.
Appendix B : Engineering Standards for Subdivision and Site
Development Plans .
IX. Details and General Notes .
B. No sooner than 60 days following the placement of the
roadway binder course, the developer will be responsible
for the televising the sanitary sewer. A tape will be
provided to the City of Elgin' s Engineering Division of
Public Works . Any deficiencies in the sanitary sewer
material or construction, noted by the City Engineer,
shall be corrected by the contractor at their own
expense .
City of Elgin Standard Specifications
Storm Sewers
Catch Basin Frames and Grates
406935/C/18 9
B6. 12 and 13-modified curb and gutter frames and grates may me
used for catch basins and inlets in pavement areas.
Details
Detail A-7 Barrier Curb Detail B6 . 18
B6. 12 and B-modified curb and gutter may be used in lieu of
B6. 18 curb and gutter.
Typical Roadway Section
Water, storm sewers and sanitary sewer utilities may be located
in the parkway of the right of way in lieu of being located
under the pavement.
Storm sewer mains may be located in the back yards of
residential lots.
Sidewalk thickness shall be S- thick except at driveways where
it will be 6" thick.
For local streets a minimum of 12" granular base course may be
used in lieu of B.A.M. , provided the street has a structural
number of not less than 3 . 16 and a minimum two and one half
(2%") inch bituminous binder course and a minimum one and one
half (1%") inch bituminous surface course.
B6. 12 or B-Modified curb and gutter may be substituted for B6. 18
curb and gutter.
The minimum roadway width for local streets shall be 28 feet
(back to back of curb) .
Engineering Standards : Construction Inspection Guidelines
(February 2000)
Sanitary Sewer
Pipe size per plan (PVC-SDR35 or SDR26)
Title 18 : Subdivisions
Section 18 . 12 . 010 Preliminary Plan
E. Preliminary Plat and Final Plat approval may occur
simultaneously.
406935/C/18 10
Section 18 . 24 . 020 Street Specifications :
A. All rights of way shall conform to the following
specifications :
Center Line
Turning
Type of Width (Ft) Gradient (%) Radius (Ft)
Street Minimum Minimum/Maximum Minimum
Major Arterial 100-200 0 .4/5 . 0 300
Street
Minor Arterial 80-100 0 . 4/5 . 0 300
Street
Collector Street 66 0 . 4/7 . 0 300
Minor Street 60 0 . 4/9 . 0 65
Cul-de-sac 50 0 . 4/9 . 0 65
Frontage Access 40 0 . 4/8 . 0 200
Street
Private 50 0 . 5/8 . 0 200
Street
Section 18 . 24 . 060 Lot Standards
C. Side lot lines shall be substantially at right angles or
radial to the street line unless natural features or unusual
circumstances restrict the ability to do this.
Section 18 . 28 . 030 Water Supply
J. Water mains shall be looped. Water mains may pass through
side yards provided that they are installed in a minimum 20 foot
utility easement.
Ordinance No. G80-01 Amending Title 21 of the Elgin Municipal
Code, 1976, as Amended, Entitled "Storm water Management" .
Section 202 (b) entitled "Site Runoff Requirements" shall be
amended to read as follows :
406935/C/18 1 1
(5) Manholes and Catch Basins; Spacing and Standards :
Manhole and/or catch basin spacing between straight runs
of pipe shall be limited to a maximum spacing of three
hundred feet (300 ' ) for sewers thirty-six inches (36" ) or
less in diameter, a maximum of five hundred feet (500 ' ) for
sewers over thirty-six inches (3611 ) in diameter.
Topography, surface cover and watershed area may dictate
the spacing of manholes and catch basins to be greater than
500' . Such an increase in spacing must be approved by the
City Engineer provided that the Developer submits evidence
that the increase in spacing is warranted. Manhole and
catch basins shall meet State standards, shall be precast
concrete and shall be watertight unless other wise approved
by the Director.
[End of Exhibit "G" to Annexation and Development Agreement]
F:\Legal Dept\Agreement\Annexation-Crown-Exhibit G-Engineering Specs.doc
406935/C/18 12
Exhibit "H"
UTILITY EASMEN-1' PROVISIONS
A permanent non-exclusive easement is hereby reserved for and granted to each of the following
parties and to their respective successors and assigns (collectively, "the GRANTEES"), the City
of Elgin, and all public utility companies and telecommunication carriers operating under
franchise granting them rights from the City of Elgin and/or operating under a certificate of
exchange authority from the Illinois Commerce Commission, including, but not limited to
Ameritech Commonwealth Edison Company, and Northern Illinois Gas Company, in, on, upon,
across, over, under and through the areas shown by dashed lines and labeled "Utility- Easement'
on this plat of subdivision as well as those areas designated on the plat for streets and alleys, or
Miere otherwise noted in the above legend, for the purpose of installing, constructing,
inspecting, operating, replacing, renewing, altering, enlarging, removing, repairing, cleaning and
maintaining water, sanitary and storm sewers, drairageways- electrical, communication, gas,
telephone, cable television or other utility lines and appurtenances, and such other installations
and service connections as may be required to furnish public utility services to adjacent areas,
and such appurtenances and additions thereto as the Grandees may deem necessany, together with
the right of access across the real estate platted hereon, for the necessary personnel and
equipment to do any or all of the above work; provided, however, that all utility lines, and
telephone and communication lines and cable shall be located underground, and all other
telephone and communications equipment and facilities, including without limitation junctions
and distribution facilities, shall be located at or below grade, exciuduig (i) pedestal
appurtenances not exceeding three (3)feet in height, and (ii) cross connect cabinets, located with
other :above-ground nun-telecommunication utility installations. The Grantecs hereunder
providing electric. _gas.. water or sanitary or storm service are sometimes hereinafter referred to
Collect''s"elf, as the "Non-Teleccmmuruc:.tion �'antees' _ pen-nanent build'es or trees shall
be placed on said easements, but the easement areas may be used for gardens. shrubs,
landscaping, and other purposes that do not then, or later interfere with the aforesaid uses and
rights. Fences shall not be erected upon said easements in any way which will restrict the uses
herein wanted provided that no monument signs, fences or other similar itptprovemer_ts rnade of
stone, concrete or other similar heavy materials may be- erected over said easement areas except
where specifically permitted by written authority of the City of Elgin.- The right is also hereby
granted to t:ue vrailtzi�s io cut down, tr4n1 or reino e any ti-ees, fences, shrubs, or 01her pJa nin, tHai
interfere with the operation of or access to said utility installations rn_ on. upon_ across. over.
tender or tell..•el,; : Said tiis::�ni:iets. The i4:?Ii-;:.=+.-cOe:7iTiun?(:.rely/: Gl.'iitt.�•s 3h:le_ i1:,: i:� i,esl�v.1"isibt%
Sor replacement of any such improvements, fences, gardens, shrubs or removed from
yid _asem°1.+. dui-L412 per=.ise 0 the e -.!. �;!A' R-Il i e so rc cn by
-, � - f t I It r'e�. � r !� _ :S. C:'.::r°nt of t m� nt ,ed �-
the Lon-TcleconlmuniCation Tantees shall be the responsibility of the their lot owner.
Notwithstanding arlythLng herein to the contran.+ the Non-Telecorrinun;cation Grantee- shall,
howuvrer_ be reVori3tble for- the prompt and proper uack tiling. re-grading aril; h� 'r, eeil;nrg.' vi
sodding. of those areas diswrbed as a result of such Grantee's entry_ activity or work in on
-
-1 /rid aldja ent to is easement eIr"i designated here:ni, to a =-ondiI'Gne quil to
better than that which existed prior to such Grantee's entry. activity or work thereen. All other
-3rantees shall be responsible for promptly restoring the affected easement area to a condition
equal to or better than its condition prior to such entry, including replacement of shrubs, other
landscaping, pavement and sidewalk-s or other permitted improvements and hydroseeding or
sodding of disturbed grass areas_ Notwithstanding anything to the contrary contained herein, in
the exercise of the aforesaid uses and rights, all Grantees shall use reasonable efforts to minimize
damage to or interference with any improvements on or within the, easement area (including
without limitation, any other utility lines installed under, across or within the easement area) or
within the real property adjacent to the easement area. In the exercise of the aforesaid uses and
rights, the Grantees shall, where practicable, conduct their activities so as to minimize
interference with the flow of traffic. All applicable provisions of the Illinois Highway Code and
the statutory or common law rights, of any highway authority with jurisdiction over the right of
way of those highways, roads, streets, and alleys as described and set forth herein to utilize said
right of way for highway or transportation purposes shall remain paramount to any and all of the
rights of any Grantee or beneficiary, their successors and assigns, under this public utility
easement. Any such Grantee or beneficiary shall be required to first obtain the written approval
of the applicable highway authority prior to conducting any activity or work in the right of way
of any public highway, road, street or alley as described and set forth herein and to abide by all
applicable ordinances, regulations and statutes relating thereto.
EXHIBIT I
Required off-site easements necessary for the Subject Water
Main will be identified upon the final design and routing of the
Subject Water Main.
Required off-site easements for the Subject Sanitary Sewer
Line include an easement through the Meier Parcel located generally
at the southwest corner of Route 20 and Nesler Road, through the
Jenerich Parcel located generally southwest of Plank Road and
Russell Road and such other off-site easements as are identified
upon the final design and routing of the Subject Sanitary Sewer
Line .
F:\Legal Dept\Agreement\Annexation-Exhibit I-Crown-Shodeen.doc
PROJECT N Highland Woods/Foy 2.18.04 for AA`**
Location(NV11 or Other)' SW CITY OF ELGIN IMPACT FEES WORl ""'"'EET
Sewer Recapture(North Randall,Sleepy Hollow, Bowes Road ANNEXATION AGREEMENT EXHIBI f J
Tyler Creek,Bowes Road,Bowes Creek,N/A)
School Land School Capital Park Land* Park Capital* Water Sewer Recapture Roadway(SW)" Library Public Safety
Project Per Unit Fee' Per Unit Fee= Per Unit Fee' Per Unit Fee'' Per Unit Fee Per Unit Fee 2'6 Per Unit Fee 6 Per Unit Fees Per Unit Fee z,4 Per Unit
Numbers Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee SUBTOTALS
Detached Single-Family Residences
$104.84 $794.61 $0.00 $0.00 $1,300.00 $633.80 $957.90 $0.00 $692.77
2-bedroom units: 1 $104.84 $794.61 $0.00 $0.00 $1,300.00 $633.80 $957.90 $0.00 $692.77 $4,483.92
_ _ _ _.
$384.05 $3,230.49 $0.00 $0.00 $1,300.00 $633.80 $957.90 $0.00 $692.77
3-bedroom units: 1 $384.05 $3,230.49 $0.00 $0.00 $1,300.00 $633.80 $957.90 $692.77 $7,199.01
_ _. __.. _......, __ .._... _.._.. _. _.._ --
$636.21 $5,525.70 $0.00 $0.00 $1,300.00 $633.60 $957.90 $0.00 $692.77
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$484.58 $4,308.19 $0.00 $0.00 $1,300.00 $633.60 $957.90 $0.00 $692.77
4 or 5+bedroom units: 1 $484.58 $4,308.19 $0.00 $0.00 $1,300.00 $633.80 $957.90 $0.00 $692.77 $8,377.23
Attached Single-Family Residences
$0.00 $0.00 $0.00 $0.00 $1,300.00 $633.80 $957.90 $0.00 $692.77
1-bedroom units: 1 $0.00 $0.00 $0.00 $0.00 $1,300.00 $633.80 $957.90 $0.00 $692.77 $3,584.47
$92.45 $766.61 $0.00 $0.00 $1,300.00 $633.80 $957.90 $0.00 $692.77
2-bedroom units: 1 $92.45 $766.61 $0.00 $0.00 $1,300.00 $633.80 $957.90 $0.00 $692.77 $4,443.52
$179.03 $1,401.77 $0.00 $0.00 $1,300.00 $633.80 $957.90 $0.00 $692.77
3-bedroom units: 1 $179.03 $1 401.77 $0.00 $0.00 $1,300.00 $633.80 $957.90 $0.00 $692.77 $5,165.26
$344.02 $2,923.10 $0.00 $0.00 $1,300.00 $633.80 $957.90 $0.00 $692.77
4-bedroom units: 1 $344.02 $2,923.10 $0.00 $0.00 $1,300.00 $633.80 $957,90 $0.00 $692.77 $6,851.58
Apartments
$0.00 $0.00 $0.00 $0.00 TBD3 $633.80 $957.90 $0.00 $692.77
Efficiency units: 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$212 $1785 $0.00 $0.00 TBD $633.80 $957.90 $0.00 $692.77
1-bedroom units: 0 $0 00 $0 00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00
$92.64 $76210 $0.00 $0.00 TBD $633.80 $957.90 $0.00 $692.77
2-bedroom units: 0 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$252.51 $2,126.02 $0.00 $0.00 TBD $633.80 $957.90 $0.00 $692.77
3-bedroom units: 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Non-Residential
$0.00 $0.00 $0.00 $0.00 TBD $232.80 $1,133.00 $0.00 $159,14
Commercial square footage: 0 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0:00 $0.00
$0.00 $0.00 $0.00 $a00 TBD $145.50 $1,133.00 $0.00 $159.14
Industrial square footage: 0 $0.00 $0.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00
All park fees will be deemed satisfied by the donated park land and open space/conservation areas as shown on the developer's site plans and recreational amenities to be constructed by the developer within the community.
The roadway project fee is payabe at 50%of the total fee in the event that Kane County has an active roadway impact fee ordinance. in the event that there is no county road impact fee,then 100% ($1,950.80)
of the roadway project fee is due to the City.
"'All dollar amounts are quoted as 2004 dollar amounts and are subject to percentage increases as provided for in the annexation agreement
i
IT
° + SECTION 3 OF
°10 SHODEEN'S PRO PERT
TO THE INTERS�DCTION ❑
UTrul AND AND AMISCH
42' AND 36' D AMETEK S
mod
1
U1lkYt't'S'\1 , i ; i
I i
Q
0
,
r
l�
a i
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to e
;
SE
ON 2 - W LINE OF
WYNDHAM DEEltf❑INT
TO SE. LINE OF
SHODEEN'S PRO ERTY
48' DIAMETER SEWER
i
t
i
SECTION 1 - W. LINE OF
TOWN AND COUNTRY
TO W. LINE OF EXHIBIT L
WYNDHAM DEERP❑INT 1, CROWN - ANNEX.
48' DIAMETER SEWE F eb 2004
,
,
EXHIBIT M-DESCRIPTION OF SUBJECT WATER LINE
The Subject Water Line is in general terms described as water main
improvements commencing at a point approximately three hundred
(300) feet east of the intersection of Plank Road and Route 20 .
Such water main improvements will continue in a westerly direction
with the routing currently expected to be in the vicinity of along
Route 20 . Such water main improvements will end at the Shodeen
Development Property known as the Pingree Creek Development . The
size of the water main is currently estimated to be approximately a
20 inch water main.
F:\Legal Dept\Agreement\Annexation-Exhibit M-Crown-Shodeen.doc
City of Elgin Mayor
Ed Schock
Council Members
Juan Figueroa
Robert Gilliam
Brenda Rodgers
Thomas K. Sandor
June 7, 2004 John Walters
City Manager
David M. Dorgan
Kane County Clerk's Office
719 S. Batavia Avenue
P. O. Box 70
Geneva, IL 60134
Re: Annexation of Property Located at 899 and 900 Coombs Road
Ladies and Gentlemen:
Annexation Ordinance 57-04 and attached plat of annexation regarding annexation of the above
property was recorded by the Kane County Recorder as Document No. 2004K09355 on May 11,
2004. In accordance with Illinois Compiled Statutes, Chapter 65, Section 5/7-1-1, 1 am
enclosing copies of the ordinance and plat as follows:
For Election Commission
One copy of Ordinance S7-04 and one copy of Plat of Annexation
For Tax Extension Department
One copy of Ordinance 57-04 and two copies of Plat of Annexation
Sincerely,
Dolonna"Loni"Mecum, CMC
City Clerk
847-931-5660
DKM/jjq
Enclosures
CERTIFIED MAIL
150 Dexter Court• Elgin, IL 60120-5555• Phone 847/931-6100• Fax 847/931-5610•TDD 847/931-5616
www.cityofelgin.org
® Pruned on recycled paper
p City of Elgin Mayor
Ed Schock
Council Members
Juan Figueroa
Robert Gilliam
Brenda Rodgers
Thomas K. Sandor
John Walters
City Manager
David M. Dorgan
June 7, 2004
Diane Tindle
Elgin Post Master
United States Post Office
66 N. Grove Avenue
Elgin IL 60120
Re: Annexation of Property Located at 800 and 899 Coombs Road
Dear Ms. Tindle:
In accordance with Illinois Revised Statutes, Chapter 65, Section 5/7-1-1, I am enclosing a copy
of Ordinance S7-04 and copy of Plat of Annexation recorded by the Kane County Recorder on
May 11, 2004, as Document No. 2004KO59355 regarding annexation of the above property.
If you have any questions, please feel free to contact me.
Sincerely,
Dolonna"Loni" Mecum, CMC
City Clerk
847-931-5660
DKM/JJq
Enclosures
CERTIFIED MAIL
150 Dexter Court• Elgin, IL 60120-5555• Phone 847/931-6100• Fax 847/931-5610•TDD 847/931-5616
www.cityofelgin.org
® Printed on recycled paper
City of Elgin Mayor
Ed Schock
Council Members
Juan Figueroa
Robert Gilliam
Brenda Rodgers
Thomas K. Sandor
John Walters
City Manager
David M. Dorgan
June 7, 2004
Daniel C. Wagner, Fire Chief
Pingree Grove Fire District
37W195 Winhaven Drive
Elgin, IL 60123
Re: Annexation of Property Located at 899 and 900 Coombs Road
Dear Chief Wagner:
Please be advised that on February 25, 2004, the Elgin City Council passed an ordinance
annexing the above property. The annexation ordinance and plat were recorded by the Kane
County Recorder on May 11, 2004, as Document Number 2004K059355.
To assist you in updating your records, we are enclosing a copy of Annexation Ordinance S7-04
and the respective plat of annexation.
Sincerely,
P44-�� A/V
Dolonna"Loni"Mecum, CMC
City Clerk
847-931-5660
DKM/JJ 9
Enclosures
150 Dexter Court• Elgin, 1L 60120-5555• Phone 847/931-6100• Fax 847/931-5610•TDD 847/931-5616
www.cityofelgin.org
® Printed on recycled paper