08-189 Memorandum Resolution No. 08-189
RESOLUTION
AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO
BOWES CREEK ANNEXATION AGREEMENT WITH TOLL IL, L.P.
AND LO LAND ASSETS, L.P.
(Bowes Creek Country Club—3600 Bowes Road)
WHEREAS,the owners of certain property commonly known as Bowes Creek Country Club
have proposed that the annexation agreement between the owners and the City of Elgin concerning
said property be amended; and
WHEREAS,after due notice as required by law, a public hearing on said proposal was held
by the corporate authorities of the City of Elgin; and
WHEREAS, the proposed Third Amendment to Annexation Agreement with Toll IL, L.P.
and LO Land Assets, L.P., is in the best interests of the City of Elgin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute, on behalf of the City of Elgin, the Third Amendment to
Annexation Agreement with Toll IL, L.P. and LO Land Assets, L.P., a copy of which is attached
hereto.
s/Robert Gilliam
Robert Gilliam, Mayor Pro Tem
Presented: August 13, 2008
Adopted: August 13, 2008
Vote: Yeas: 5 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
0.
c' City of Elgin Memorandum
?n s
°'r^1Teo f-%,..
Date: July 24, 2009
To: Diane Robertson, City Clerk
From: William A. Cogley, Corporation Counsel
Subject: Memorandum of Third Amendment to Annexation Agreement for Bowes Creek
Attached for the City Clerk's files find the original recorded Memorandum of Third Amendment to
Annexation Agreement for Bowes Creek.
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Attachment
THIS INSTRUMENT PREPARED BY II II 1111 I IIII
AND RETURN TO:
William A. Cogley
Corporation Counsel
City of Elgin 2009K06688
()\46 150 Dexter Ct.
Elgin, Illinois 60120 SANDY WEGMAN
RECORDER - KANE COUNTY, IL
RECORDED: 7/24/2009 9:12 AM
REC FEE: 29.00
RASES: 8
THE ABOVE SPACE FOR RECORDER'S USE
MEMORANDUM OF THIRD AMENDMENT TO ANNEXATION AGREEMENT
WITNESSETH
On August 13,2008,the City of Elgin,an Illinois municipal corporation,and TOLL IL,L.P.,
an Illinois limited partnership and LO Land Assets,L.P.,a Delaware limited partnership,entered into
a Third Amendment to Annexation Agreement(the"Third Amendment Agreement")with respect to
the real estate legally described in Exhibit A attached hereto (the "Subject Property"). The Third
Amendment Agreement provides for certain amendments to the Annexation Agreement for the
Subject Property dated February 28,2001,the First Amendment to the Annexation Agreement dated
June 25, 2003, and the Second Amendment to the Annexation Agreement dated January 26, 2005,
including, among other matters, amendments relating to the age restrictions for the portion of the
Subject Property to be occupied by persons 55 years of age or older and amendments relating to
construction of the Golf Course and the associated Clubhouse Facility. The Third Amendment
Agreement should be reviewed and consulted regarding the specific terms and provisions that
encumber the Subject Property.
This Memorandum of Third Amendment to Annexation Agreement does not alter,amend or
modify the Third Amendment Agreement,but is solely for the purpose of giving notice of the Third
Amendment Agreement.
IN WITNESS WHEREOF, this Memorandum of Third Amendment to Annexation
Agreement has been prepared and recorded by the City of Elgin.
CITY OF ELGIN, an Illinois municipal corporation
By tfki WGi,.
William A. Cogley, its •(,•oration Counsel
Subscribed and sworn to before
me this 20th da of July, 2Q09.
VY "OFFICIAL.SEAL„
Notary Pubic MARY f,IFFORT
teary public,stated Illinois
MY Commise+on Expires 06/13/2012
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EXHIBIT A
BOWES C.ZEEK ESTATES ANNEXATION LEGAL DESCRIPTION
PARCEL 1:
THAT PART OF THE EAST HALF OF SECTION 25, TOWNSHIP 41 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT A FOUND IRON ROD AT THE NORTHEAST CORNER OF
THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE SOUTH 00°09'35"
EAST, ALONG T 3E EAST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE
OF 16.24 FEET TD THE SOUTHERLY LINE OF BOWES ROAD FOR A POINT OF
BEGINNING; THENCE CONTINUING SOUTH 00°09'35" EAST ALONG SAID
EAST LINE OF SAID SECTION 25, A DISTANCE OF 553.01 FEET TO THE
NORTHERLY LINE OF THE ILLINOIS GULF- AND CENTRAL RAILROAD PER
DEED DATED DECEMBER 8, 1886 AND RECORDED AS DOCUMENT NUMBER
9508; THE FOLL DWING TWO COURSES ARE ALONG SAID NORTHERLY LINE;
I) THENCE NORTHWESTERLY ALONG A CURVE CONCAVE SOUTHERLY
HAVING A CHORD BEARING OF NORTH 72°21'29" WEST AND A RADIUS OF
'5831.65 FEET, FOR AN ARC LENGTH OF 201.82 FEET TO A POINT OF
TANGENCY; 2) THENCE NORTH 73°20'58" WEST A DISTANCE OF 1504.99 FEET
TO THE SOUTHERLY LINE OF SAID BOWES ROAD; THE FOLLOWING THREE
COURSES ARE ALONG SAID SOUTHERLY LINE; 1) THENCE EASTERLY
ALONG A CURVE CONCAVE NORTHERLY HAVING A CHORb BEARING OF
Document! & .ans
1 09/02/04
NORTH 89°35'53" EAST AND A RADIUS OF 1735.02 FEET, FOR AN ARC
LENGTH OF 127.95 FEET TO A POINT OF TANGENCY; 2) THENCE NORTH
87°29'08" EAST, A DISTANCE OF 299.01 FEET; THENCE EASTERLY ALONG A
CURVE CONCAVE SOUTHERLY HAVING A CHORD BEARING OF NORTH
87°47'15" EAST .A ND A RADIUS OF 114559.00 FEET, FOR AN ARC LENGTH OF
1206.93 FEET TC THE POINT OF BEGINNING, ALSO INCLUDING THAT PART
OF BOWES ROAD LYING PERPENDICULAR TO THE SOUTH LINE OF BOWES
ROAD AS DESCRIBED ABOVE, ALL IN KANE COUNTY ILLINOIS
CONTAINING 13 01 ACRES OF LAND MORE OR LESS.
PARCEL 2:
THOSE PARTS OF THE SOUTH HALF OF SECTION 25, THE NORTH HALF OF
SECTION 36 AND THE NORTHEAST QUARTER OF SECTION 35 ALL IN
TOWNSHIP 41 'NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON ROD AT THE NORTHEAST CORNER OF
THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE SOUTH 00°09'35"
EAST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE
OF 770.34 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF
THE ILLINOIS GULF AND CENTRAL RAILROAD PER DEED RECORDED
Documentl & .ans
2 09/02/04
DECEMBER 8, 1886 AS DOCUMENT NUMBER 9508 FOR A POINT OF
•
BEGINNING; THENCE CONTINUING SOUTH 00°09'35" EAST ALONG SAID
EAST LINE, A D:STANCE OF 1869.01 FEET TO A FOUND IRON ROD AT THE
NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 36;
THENCE SOUTH 00°18'36" EAST ALONG THE EAST LINE OF SAID NORTHEAST
QUARTER, A DISTANCE OF 2656.69 FEET TO A FOUND IRON ROD AT THE
SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH
88°31'19" WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF SAID
SECTION 36, A DISTANCE OF 5335.16 FEET TO A FOUND IRON ROD AT THE
SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 36;
THENCE SOUTH 88°09'53" WEST ALONG THE SOUTH LINE OF THE •
NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 1.679.35 FEET
TO A FOUND IF.ON ROD; THENCE NORTH 00°27'05" WEST, A DISTANCE OF
877.10 FEET TC A FOUND IRON ROD; THENCE NORTH 84°29'44" WEST, A
DISTANCE OF 30.16 FEET TO A LINE 300.00 FEET SOUTHEASTERLY OF AND
PARALLEL WITH THE CENTERLINE OF CORRON ROAD AS MONUMENTED
AND OCCUPIED; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE
NORTHWESTERLY HAVING A CHORD BEARING OF NORTH 30°21'17" EAST
AND A RADIUS OF 4901.00 FEET, FOR AN ARC LENGTH OF 624.57 FEET TO
THE SOUTH LINE OF STURBRIDGE, ACCORDING TO THE PLAT OF
SUBDIVISION '['HEREOF RECORDED SEPTEMBER 16, 1978 AS DOCUMENT
NUMBER 1479186; THENCE SOUTH 83°40'33" EAST ALONG TkLE SOUTH LINE
Document] & .ans
3 09/02/04
OF SAID SUBDIVISION, 1425.81 FEET TO A FOUND CONCRETE MONUMENT
AT THE SOUTHEAST CORNER OF SAID SUBDIVISION BEING ALSO A POINT
ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36;
THENCE NORTH 00°48'45" EAST ALONG SAID WEST LINE, 1450.58 FEET TO A
FOUND IRON RCD AT NORTHWEST CORNER OF THE NORTHWEST QUARTER
OF SAID SECTION 36; THENCE NORTH 88°31'25" EAST ALONG THE NORTH
LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1320.77 FEET TO THE
WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID
SECTION 25; 'IF,ENCE NORTH 00°46'42" WEST ALONG SAID WEST LINE, A
DISTANCE OF :!645.67 FEET TO THE NORTH LINE OF SAID SOUTHWEST
QUARTER; THENCE NORTH 88°37'18" EAST ALONG SAID NORTH LINE, A
DISTANCE OF 1308.56 FEET TO THE SOUTHERLY LINE OF A PARCEL
CONVEYED TO 2OMMONWEALTH EDISON COMPANY PER DEED RECORDED
MARCH 16; 1978 AS DOCUMENT NUMBER 1448597; THENCE ALONG THE
BOUNDARY OF SAID PARCEL FOR THE FOLLOWING THREE COURSES; 1)
THENCE SOUTH 71°58'14" EAST, A DISTANCE OF 220.82 FEET; 2) THENCE
SOUTH 73°20'5F" EAST, A DISTANCE OF 772.87 FEET; 3) THENCE NORTH
00°04'47" WEST A DISTANCE OF 108.60 FEET TO THE SOUTH LINE OF THE
AFORESAID IL.,INOIS GULF AND CENTRAL RAILROAD; THE FOLLOWING
TWO COURSES ARE ALONG THE SOUTH LINE OF SAID RAILROAD; 1)
THENCE SOUTH 73°20'58" EAST, A DISTANCE OF 1550.94 FEET TO A
TANGENT CURVE; 2) THENCE EASTERLY ALONG A CUUZVE CONCAVE
Documentl &.ans
4 09/02/04
SOUTHERLY, H?.VING A RADIUS OF 5641.65 FEET FOR AN ARC LENGTH OF
260.03 FEET TO T'HL POINT OF BEGINNING, ALL IN KANE COUNTY ILLINOIS
CONTAINING 59..07 ACRES OF LAND MORE OR LESS.
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Documents & .ans
5 09/02/04
•
COR2ON ROAD ANNEXATION LEGAL DESCRIPTION
THAT PART OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 41
NORTH, :RANG] 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE
COUNTY ILLINOIS,DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON ROD AT THE NORTHEAST CORNER OF
THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 7
EAST OF THE T IIRD PRINCIPAL MERIDIAN; THENCE SOUTH 00°09'35" EAST,
ALONG THE Ei ST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF
2639.35 FEET TO A FOUND IRON ROD AT THE NORTHEAST CORNER OF THE
NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 00°18'36" EAST
ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF
2656.69 FEET TO A FOUND IRON ROD AT THE SOUTHEAST CORNER OF SAID
NORTHEAST QUARTER; THENCE SOUTH 88°31'19" WEST ALONG THE SOUTH
LINE OF THE NORTH HALF OF SAID SECTION 36, A DISTANCE OF 5335.16
FEET TO A FOUND IRON ROD AT THE SOUTHWEST CORNER OF THE
NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 88°09'53"
WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 35, A DISTANCE OF 1679.35 FEET TO A FOUND IRON ROD; THENCE
NORTH 00°27'05" WEST, A DISTANCE OF 877.10 FEET TO A FOUND IRON ROD;
THENCE NORH 84°29'44" WEST,: A DISTANCE OF 30.16 FPrET TO A LINE
300.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE
•
OF CORRON ROAD AS MONUMENTED AND OCCUPIED TO THE POINT OF
BEGINNING; TH:s10E NORTH 84°29'44" WEST, A DISTANCE OF 379.59 FEET
TO A POINT C ON THE WESTERLY LINE OF CORRON ROAD; THENCE
NORTHEASTERLY ALONG THE WESTERLY LINE OF CORRON ROAD BEING A
CURVE CONCAVE NORTHWESTERLY HAVING A CHORD BEARING OF
NORTH 32°15'45' EAST AND A RADIUS OF 4571.00 FEET, FOR AN ARC
LENGTH OF 640. FEET TO A POINT ON THE WESTERLY EXTENSION OF THE
SOUTH LINE OF STURBRIDGE, ACCORDING TO THE PLAT OF SUBDIVISION
THEREOF RECO:WED SEPTEMBER 16, 1978 AS DOCUMENT NUMBER 1479286;
THENCE SOUT:-I 83°40'33' EAST ALONG THE SOUTH LINE OF SAID
SUBDIVISION, 1. DISTANCE OF 353.81 FEET TO A POINT ON A LINE 300.00
FEET SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE OF
CORRON ROAD AS MONUMENTED AND OCCUPIED; THENCE
SOUTHWESTERLY ALONG A CURVE CONCAVE NORTHWESTERLY HAVING
A CHORD BEARING OF SOUTH 30°21'17" WEST AND A RADIUS OF 4901.00
FEET, FOR AN A.RC LENGTH OF 624.57 FEET, SAID CURVE BEING 300.00 FEET
SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE OF CORRON
ROAD AS MONUMENTED AND OCCUPIED TO THE POINT OF BEGINNING;
CONTAINING 4.79 ACRES OF LAND,MORE OR LESS.