08-74 Resolution No. 08-74
RESOLUTION
AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH THE
EDWARD J. BUSSE TRUST DATED APRIL 2, 1987 AND RUTH BUSSE, TRUSTEE OF
THE RUTH BUSSE TRUST DATED APRIL 2, 1987
FOR DEVELOPMENT OF A ROADWAY CONNECTION BETWEEN
GALVIN DRIVE AND RANDALL ROAD
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 a Development Agreement on behalf of the City of Elgin with the Edward J. Busse Trust
dated April 2, 1987 and Ruth Busse, not personally but as trustee of the Ruth Busse Trust dated
April 2, 1987 for development of a roadway connection between Galvin Drive and Randall Road,a
copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: March 12, 2008
Adopted: March 12, 2008
Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
DEVELOPMENT AGREEMENT
This Agreement,made and entered into as of this 12th day of March,2008 by and between
the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City") and the
Edward J. Busse Trust dated April 2, 1987 and Ruth Busse, not personally but as trustee of
the Ruth Busse Trust dated April 2, 1987 (said two trusts being hereinafter collectively
referred to as the"Owner").
RECITALS
A. Owner is the owner of the approximate 63.86 acre site legally described as on
Exhibit 1 attached hereto (the "Subject Property").
B. The Subject Property is sometimes hereafter referred to in the following two
component parts:
(i) The southern-most approximate 42.36 acres labeled "Industrial Property" on the
map ("Map") attached hereto as Exhibit 2 (the "Industrial Property') and
legally described as Parcel 1 on Exhibit 1;
(ii) The northern-most approximate 21.5 acres labeled "Retail Property" on the Map
(the"Retail Property") and legally described as Parcel 2 on Exhibit 1;
C. Directly to the east of the Industrial Property are two other parcels of land labeled
"Galvin" (the"Galvin Parcel") and"Interstate" (the"Interstate Parcel") on the Map.
D. Owner proposes to sell the Industrial Property for so-called ORI development.
(with any purchaser of the Industrial Property being hereinafter called the "Industrial Property
Purchaser").
E. In connection with the contemplated development of(i) the Galvin Parcel and the
Interstate Parcel by others and (ii) the development of the Owner's Industrial Property by an
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Industrial Property Purchaser, the City has proposed that a roadway be extended from Randall
Road (on the east) to Galvin Drive (on the west) in the alignment shown on the Map (the "East
West Road").
F. The City and the Owner desire to agree upon the alignment and certain other
characteristics of the East-West Road, the conveyance of a portion of the Retail Property and
Industrial Property as right-of-way for such East-West Road, and other related matters as set
forth herein.
G. The City is a home rule unit authorized to exercise and perform any function
relating to its government and affairs.
H. The agreements set forth herein are deemed necessary to (i) provide the access
desired by the City to serve the Retail Property,the Industrial Property, the Galvin Parcel and the
Interstate Parcel, and (ii)to convey portions of the Industrial Property and the Retail Property(as
such portions are herein identified) to the City for right-of-way for the East-West Road so as to
enhance traffic circulation for the Industrial Property, the Retail Property, and in the Randall
Road/Illinois Route 72 intersection area.
I. The City and the Owner agree the necessity for the East-West Road on the Busse
Right-of-Way (as hereinafter defined) is specifically and uniquely attributable to the Industrial
Property and the Retail Property and the proposed eventual development thereof.
J. The planning, conveyance to the City and construction of roadways within the
City are matters within the government affairs of the City.
K. The sale and development of the Industrial Property and the Retail Property are
expected to ultimately result in significant increases in the City's revenues and will likely result
in increases in the City's tax and employment base, and, as such, are matters within the
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government and affairs of the City of Elgin.
CONSIDERATION
In consideration of the mutual promises and undertakings contained herein and of other
good and valuable consideration, the receipt and sufficiency of which are hereby mutually
acknowledged, the parties hereto agree as follows:
AGREEMENT
1. Incorporation of Recitals. The Recitals set forth above are hereby incorporated
herein in their entirety.
2. Conveyance and Dedication of Busse Right-of-Way.
(a) Within thirty (30) days of the entry into this Agreement, the Owner shall convey
or cause to be conveyed to the City at no cost to the City by warranty deed the following land
(collectively the`Busse Right-of-Way"):
(i) a 41 foot wide strip of the southern-most portion of the Retail Property as
depicted on Exhibit 2 attached hereto; and
(ii) the triangular parcel from the northeast corner of the Industrial Property
(the "Triangular ROW Parcel") as depicted on Exhibit 2 attached
hereto. The City agrees to work in good faith with an Industrial Property
Purchaser to mitigate any adverse development impact on the Industrial
Property as a result of the conveyance of the Triangular ROW Parcel for
right-of-way purposes, whether such mitigation occurs by way of the City
approving increased "bounce" in the detention pond on the Industrial
Property or otherwise.
Such conveyance of the Busse Right-of-Way to the City shall be subject only to general real
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estate taxes for the year 2007 and subsequent years; and covenants, conditions and restrictions of
record none of which shall prohibit or reasonably interfere with the City's intended use of such
property as a public right-of-way. Not less than ten (10) days prior to the scheduled conveyance
the Owner shall provide to the City at the Owner's cost (1) a title commitment issued by Chicago
Title Insurance Company for the Busse Right-of-Way in the minimum amount of insurance
evidencing title in the intended grantor subject only to the permitted exceptions as herein
described; and(2) a boundary survey of such property dated not more than six (6)months prior to
the date of the proposed conveyance. At the closing of the conveyance, the Owner shall in
addition to the deed, title commitment and survey also provide to the City an affidavit of title,
transfer declarations, an ALTA statement signed by the Owner, a plat act affidavit, a closing
statement and such other documents as customarily required by title companies to close such
transactions. General real estate taxes shall be prorated based upon 105% of the last
ascertainable tax bill.
The Busse Right-of-Way is legally described as on Exhibit 3 attached hereto. Concurrently with
the conveyance of the Busse Right-of-Way to the City, the Owner shall also grant (1) to the City
a 12.5' perpetual, exclusive utility easement along the northerly boundary of the Busse Right-of-
Way, and (2) to the City and other entities providing public services a ten (10) foot perpetual
public utility and drainage easement along the southerly boundary of the Busse Right-of-Way.
Parking lots and curb-cuts with driveways, but no other improvements (other than landscaping)
shall be permitted by the Owner over such easements.
(b) The City agrees to use reasonable efforts to require the owner or developer of each
of the Aspen Valley Parcel, the Galvin Parcel, and the Interstate Parcel (with each of said owners
being herein called an "Extension Parcel Owner", and each of said three parcels being depicted
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and identified on Exhibit 2 attached hereto being called an"Extension Parcel") as a condition of
any development approvals given by the City with respect to each Extension Parcel, to similarly
(1) convey to the City prior to the commencement of any development a 41 foot (or wider) right-
of-way on the Extension Parcel for purposes of the East-West Road extension and (2) construct
as part of any other site improvements on each such Extension Parcel the actual roadway across
each such Extension Parcel so as to thereby provide for and ensure the construction of a
functional,public road (namely,the East-West Road) from Galvin Drive to Randall Road.
3. No Impositions on Industrial Property or Industrial Property Purchaser.
(a) The City covenants and agrees that it shall not impose upon the purchaser or
developer of the Industrial Property any obligation to (i) construct (or to pay for the construction
of) the road on the Busse Right-of-Way, whether by direct imposition or by way of any recapture
or reimbursement charges in favor of the City or any other party, or (ii) make provision for any
other road serving as a direct or indirect connection from Randall Road to Galvin Drive) at any
other location on the Industrial Property other than on the Triangular ROW Parcel.
(b) The City further covenants and agrees that it shall not require any developer of the
Retail Property to make provision for any other road serving as a direct or indirect connection
from Randall Road to Galvin Drive at any other location on the Retail Property other than on the
Busse Right-of-Way.
(c) Notwithstanding the foregoing provisions of Section 3(a) and/or (b) above,
nothing herein is intended to prohibit the City from hereinafter acquiring additional portions of
either the Retail Property and/or the Industrial Property within (or adjacent to) the Triangular
ROW Parcel for the purposes of(1) hereinafter widening the Busse East-West Road Extension
(as hereafter defined) and/or (2) realigning the Busse East-West Road Extension in the area that
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it passes through the Triangular ROW Parcel so as to be able to complete the connection of the
East-West Road extension onto either the Galvin Parcel and/or the Interstate Parcel.
4. Construction of Busse East-West Road Extension on Busse Right-of-Way:
Name of Road. Owner agrees to design and construct at its cost or to cause the Developer of the
Retail Property to design and construct at its cost the roadway improvements and appurtenances
related thereto on the Busse Right-of-Way (with such roadway improvements being herein called
the "Busse East-West Road Extension" and with such covenant and obligation of the Owner to
construct same being hereinafter called the "Owner's Construction Covenant"). Such roadway
improvements and appurtenances related thereto shall be constructed in conjunction with the
development of the Retail Property pursuant to plans and specifications therefore approved by
the City Engineer. Should the Owner sell the Retail Property prior to the development thereof to
a third party (the "Retail Grantee"), then the current Owner shall be relieved of the Owner's
Construction Covenant, but such obligation shall run with the land and become the obligation of
the Retail Grantee. The City agrees that, upon the acceptance by the City of the constructed road
on the Busse Right-of-Way,the City shall name that right of way as"Busse Parkway".
5. Access to Route 72. The City agrees that if, in connection with the development
of the Retail Property,the Owner or its successors (as the developer thereof) seeks to construct a
direct vehicular access point from the Retail Property to Route 72, the City will not object to
same so long as it is approved by the Illinois Department of Transportation.
6. Miscellaneous.
i (a) Notices. All notices and other communications hereunder shall be in
writing and shall be deemed given if delivered personally or mailed by
registered or certified mail (return receipt requested) to the parties at the
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following addresses (or such other addresses for a party as shall be
specified by like notice), and shall be deemed received on the date on
which so hand-delivered or on the second (2nd)business day following the
date on which so mailed:
To the City: City Elgin
150 Dexter Court
Elgin, Il 60120
Attn: City Manager
with a copy to: City of Elgin
150 Dexter Court
Elgin, Illinois 60120
fAttn: Corporation Counsel
To Owner: Janis Schroeder, Agent for Owner
670 Milton Road
Inverness, Illinois 60067
with a copy to: Daniel Ryan,Vice-President
Chase Bank,Agent for Owner
10 South Dearborn Street, 18th Floor
Chicago, Illinois 60670
With a copy to: Bazos, Freeman, Kramer,
Schuster, Vanek& Kolb
Attn: Peter C. Bazos, Esq.
1250 Larkin Avenue
Elgin, Illinois 60123
(b) Severability. If any one or more of the provisions contained in this
Agreement shall, for any reason, be held invalid, illegal or unenforceable
in any respect, such invalidity, illegality or unenforceability shall not affect
any other provisions hereto, and this Agreement shall be construed as if
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such invalid, illegal or unenforceable provision and not been contained
herein; provided however, that if permitted by applicable law, any invalid,
illegal or unenforceable provision may be considered in determining the
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intent of the parties with respect to the provisions of this Agreement.
(c) Non-waiver. The failure by a party to enforce any provision of this
Agreement against the other party shall not be deemed to be a waiver of
the right to do so thereafter.
(d) Modification of Agreement. This Agreement may be modified or
amended in a writing signed by both of the City and Owner, or their
successors or assigns, as the case may be;provided, however, after the sale
of the Industrial Property, no amendment of this Agreement shall impose
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any obligation on the Industrial Property Purchaser to pay for the
construction of, or provide right-of-way on the Industrial Property(other
than as shown on Exhibit 2 for the East-West Road.
(e) Captions. The paragraph captions are inserted for convenience of
reference and are in no way to be construed as a part of this Agreement or
as a limitation on the scope of the paragraphs to which they refer.
(f) Entire Agreement. This Development Agreement contains the entire
agreement and understanding of the Owner and the City with respect to the
subject matter set forth herein, all prior agreements and understandings
having been merged herein and extinguished hereby.
(g) Incorporation of Recitals and Exhibits. The recitals to this Agreement,
as well as all Exhibits attached hereto, are by this reference incorporated
herein.
(h) Joint Preparation. This Agreement is and shall be deemed and construed
to be the joint and collective work product of the City and Owner and, as
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such, this Agreement shall not be construed against either party, as the
otherwise purported drafter of same, by any court of competent
jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or
conflict, if any, in the terms or provisions contained herein.
(i) Law Governing. This Agreement shall be governed by and construed in
accordance with the laws of the State of Illinois. In any legal proceeding
between the parties hereto, venue shall exclusively lie in the Sixteenth
Judicial Circuit of Kane County, Illinois. Each party hereby waives any
objection it may have to the commencement or transfer of any such
proceeding to either of said venues and hereby affirmatively consents to
same. Notwithstanding anything else to the contrary in this Agreement,no
action shall be commenced by Owner or any of its successors and/or
assigns against the City for monetary damages.
(j) Successors: This Agreement shall inure to the benefit of, and shall be
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binding upon the parties hereto and their respective successors, assigns
� and grantees and shall run with title to the Subject Property. The City may
record a memorandum of agreement placing of record the terms,
provisions and obligations of this Agreement.
(k) Time of the essence. Time shall be of the essence of this Agreement.
(1) No joint venture. This Agreement shall not be deemed or construed to
evidence or create an employment, joint venture, partnership or other
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agency relationship between the parties hereto.
(m) Further Action. The parties hereto shall execute and deliver all
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documents, provide all information and take or forebear from all actions as
may be necessary or appropriate to achieve the purposes of this
Agreement.
(n) Remedies Cumulative. The remedies of the parties under this Agreement
or available at law are cumulative and will not exclude any other remedies
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to which any party may be lawfully entitled.
(o) Legality. Owner on behalf of itself and its successors, assigns and
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grantees of its properties, hereby acknowledges the propriety, necessity
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and legality of all of the terms and provisions of this Agreement including,
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but not limited to, the obligations to convey to the City the Busse Right-of-
Way and to design and construct the roadway improvements thereon at its
costs in conjunction with the development of the Retail Property all as
described herein, and does hereby further agree and does waive any and all
rights to any and all legal or other challenges or defenses to any of the
terms and provisions of this Agreement and hereby agrees and covenants
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on behalf of itself and its successor, assigns and grantees of its properties,
not to sue the City or maintain any legal action or other defenses against
the City with respect to any challenges of the terms and provisions of this
Agreement.
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(p) Non-Use. Each of the parties stipulates, acknowledges and agrees that
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neither this Agreement, nor the subject matter hereof, may be used by
either of them to support, or to object to, any judicial proceeding that may
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hereafter be commenced by the Owner or its successors seeking to
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disconnect the Retail Property or any portion thereof from the City of
Elgin.
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CITY OF ELGIN, a municipal
corporation
By:
Ed Schock, Mayor
Attest:
By. - -
I Diane Robertson, d4y Clerk
OWNER:
jThe Edward J. Busse Trust
Chase B ,N.A., successor Trustee
Date of Execution:
By: � i l - --
uriuu
�„ , �c,v n2-000
Trust Olv cer J, 2001
Ruth Busse Trust
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Date of Execution:
By: ,-� C�4✓Q. , �_, 2008
Ruth Busse, Trustee 2009
jFAUgal DeptWgreement\Development Agr-Busse Trust-redlined-2-28-08.doc
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EXHIBIT 1
Legal Description of Subject Property
Parcel 1: (Legal Description of Industrial Property):
THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN; THENCE EAST ALONG THE CENTER LINE OF SAID
SECTION 947.79 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING EASTERLY
ALONG THE SAID CENTER LINE, 375.0 FEET TO THE EAST LINE OF THE WEST 1/2 OF THE
SOUTH EAST 1/4 OF SECTION 19; THENCE SOUTHERLY ALONG SAID EAST LINE 1184.83
FEET; THENCE WESTERLY PARALLEL WITH THE EAST-WEST CENTER LINE OF SECTION
19, 375.0 FEET; THENCE NORTHERLY 1184.83 FEET TO THE POINT OF BEGINNING)
ALSO (EXCEPT THAT PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 19,
TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE
COUNTY,
ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE
SOUTHEAST 1/4 OF SAID SECTION 19; THENCE NORTHERLY, 2612.25 FEET ON AN
ASSUMED BEARING OF NORTH 0 DEGREES 30 MINUTES 13 SECONDS WEST ALONG THE
WEST LINE OF SAID SOUTHEAST 1/4 TO THE SOUTH RIGHT-OF-WAY LINE OF ILLINOIS
ROUTE 72 AS ESTABLISHED BY DOCUMENT NO. 339017; THENCE NORTH 89 DEGREES 19
MINUTES 43 SECONDS EAST, 222.36 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE
SOUTH 0 DEGREES 40 MINUTES 17 SECONDS EAST, 156.15 FEET; THENCE SOUTHERLY
294.23 FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE WEST, RADIUS 847.50 FEET,
CENTRAL ANGLE 19 DEGREES 53 MINUTES 31 SECONDS; THENCE SOUTH 19 DEGREES 13
MINUTES 14 SECONDS WEST, 185.20 FEET ALONG TANGENT; THENCE SOUTHERLY 261.63
FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE EAST, RADIUS 760.00 FEET,
CENTRAL ANGLE 19 DEGREES 43 MINUTES 28 SECONDS TO A LINE THAT IS 66.00 FEET
EAST OF, AS MEASURED PERPENDICULAR, AND PARALLEL WITH THE WEST LINE OF SAID
SOUTHEAST 1/4; THENCE SOUTH 0 DEGREES 30 MINUTES 13 SECONDS EAST, 1737,53
FEET ALONG SAID PARALLEL LINE, BEING TANGENT TO THE LAST DESCRIBED CURVE, TO
THE SOUTH LINE OF SAID SOUTHEAST 1/4; THENCE SOUTH 89 DEGREES 35 MINUTES 22
SECONDS WEST, 66.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING),
AND
ALSO (EXCEPT THAT PART CONVEYED TO PEOPLE OF STATE OF ILLINOIS BY DEED
DOCUMENTS 97KO58994 AND 97K058995) IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 19; THENCE NORTH 89 DEGREES 51 MINUTES 36 SECONDS EAST ALONG THE
SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 66.00 FEET TO THE EAST
RIGHT OF WAY LINE OF GALVIN DRIVE AS DEDICATED BY DOCUMENT 96KO81139 AND THE
POINT OF BEGINNING; THENCE NORTH 00 DEGREES 14 MINUTES 50 SECONDS WEST
ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 1458.36 FEET; THENCE NORTH 89
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DEGREES 45 MINUTES 59 SECONDS EAST, A DISTANCE OF 1266.95 FEET TO THE EAST
LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE
SOUTH 00 DEGREES 03 MINUTES 03 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE
OF 1460.43 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
19; THENCE SOUTH 89 DEGREES 51 MINUTES 36 SECONDS WEST ALONG SAID SOUTH
LINE, A DISTANCE OF 1261.94 FEET TO THE POINT OF BEGINNING, ALL IN KANE COUNTY,
ILLINOIS.
Parcel 2: (Leal Description of Retail Property):
THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN; THENCE EAST ALONG THE CENTER LINE OF SAID
SECTION 947.79 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING EASTERLY
ALONG THE SAID CENTER LINE, 375.0 FEET TO THE EAST LINE OF THE WEST 1/2 OF THE
SOUTH EAST 1/4 OF SECTION 19; THENCE SOUTHERLY ALONG SAID EAST LINE 1184.83
FEET; THENCE WESTERLY PARALLEL WITH THE EAST-WEST CENTER LINE OF SECTION
19, 375.0 FEET; THENCE NORTHERLY 1184.83 FEET TO THE POINT OF BEGINNING)
ALSO (EXCEPT THAT PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 19,
TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE
COUNTY,
ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE
SOUTHEAST 1/4 OF SAID SECTION 19; THENCE NORTHERLY, 2612.25 FEET ON AN
ASSUMED BEARING OF NORTH 0 DEGREES 30 MINUTES 13 SECONDS WEST ALONG THE
WEST LINE OF SAID SOUTHEAST 1/4 TO THE SOUTH RIGHT-OF-WAY LINE OF ILLINOIS
ROUTE 72 AS ESTABLISHED BY DOCUMENT NO. 339017; THENCE NORTH 89 DEGREES 19
MINUTES 43 SECONDS EAST, 222.36 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE
SOUTH 0 DEGREES 40 MINUTES 17 SECONDS EAST, 156.15 FEET; THENCE SOUTHERLY
294.23 FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE WEST, RADIUS 847.50 FEET,
CENTRAL ANGLE 19 DEGREES 53 MINUTES 31 SECONDS; THENCE SOUTH 19 DEGREES 13
MINUTES 14 SECONDS WEST, 185.20 FEET ALONG TANGENT; THENCE SOUTHERLY 261.63
FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE EAST, RADIUS 760.00 FEET,
CENTRAL ANGLE 19 DEGREES 43 MINUTES 28 SECONDS TO A LINE THAT IS 66.00 FEET
EAST OF, AS MEASURED PERPENDICULAR, AND PARALLEL WITH THE WEST LINE OF SAID
SOUTHEAST 1/4; THENCE SOUTH 0 DEGREES 30 MINUTES 13 SECONDS EAST, 1737,53
FEET ALONG SAID PARALLEL LINE, BEING TANGENT TO THE LAST DESCRIBED CURVE, TO
THE SOUTH LINE OF SAID SOUTHEAST 1/4; THENCE SOUTH 89 DEGREES 35 MINUTES 22
SECONDS WEST, 66.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING),
AND
ALSO (EXCEPT THAT PART CONVEYED TO PEOPLE OF STATE OF ILLINOIS BY DEED
DOCUMENTS 97KO58994 AND 97K058995) IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
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COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 19; THENCE NORTH 89 DEGREES 51 MINUTES 36 SECONDS EAST ALONG THE
SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 66.00 FEET TO THE EAST
RIGHT OF WAY LINE OF GALVIN DRIVE AS DEDICATED BY DOCUMENT 96KO81139 AND THE
POINT OF BEGINNING; THENCE NORTH 00 DEGREES 14 MINUTES 50 SECONDS WEST
ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 1458.36 FEET; THENCE NORTH 89
DEGREES 45 MINUTES 59 SECONDS EAST, A DISTANCE OF 1266.95 FEET TO THE EAST
LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE
SOUTH 00 DEGREES 03 MINUTES 03 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE
OF 1460.43 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
19; THENCE SOUTH 89 DEGREES 51 MINUTES 36 SECONDS WEST ALONG SAID SOUTH
LINE, A DISTANCE OF 1261.94 FEET TO THE POINT OF BEGINNING, ALL IN KANE COUNTY,
ILLINOIS.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 19; THENCE NORTH 89 DEGREES 51 MINUTES 36 SECONDS EAST ALONG THE
SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 66.00 FEET TO THE EAST
RIGHT OF WAY LINE OF GALVIN DRIVE AS DEDICATED BY DOCUMENT 96K081139; THENCE
NORTH 00 DEGREES 14 MINUTES 50 SECONDS WEST ALONG SAID EAST RIGHT OF WAY
LINE, A DISTANCE OF 1458.36 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID EAST RIGHT OF WAY LINE FOR THE FOLLOWING 5 CALLS: 1) THENCE NORTH
00 DEGREES 14 MINUTES 50 SECONDS WEST, A DISTANCE OF 279.60 FEET TO A
TANGENTIAL CURVE; 2) THENCE NORTHERLY 261.63 FEET ALONG A TANGENTIAL CURVE
CONCAVE TO THE EAST, RADIUS 760.00 FEET, CENTRAL ANGLE 19 DEGREES 43 MINUTES
28 SECONDS; 3) THENCE NORTH 19 DEGREES 28 MINUTES 37 SECONDS EAST, 185.20
FEET ALONG TANGENT; 4) THENCE NORTHERLY 294.23 FEET ALONG A TANGENTIAL
CURVE CONCAVE TO THE WEST, RADIUS 847.50 FEET, CENTRAL ANGLE 19 DEGREES 53
MINUTES 31 SECONDS; 5) THENCE NORTH 00 DEGREES 24 MINUTES 54 SECONDS WEST,
A DISTANCE OF 129.15 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE
72 AS DEDICATED PER DOCUMENT 97KO58994 AND 97K058995; THENCE NORTH 89
DEGREES 35 MINUTES 11 SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE,
A DISTANCE OF 739.40 FEET TO A POINT ON A LINE 375.00 FEET WEST OF AND PARALLEL
WITH THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE
SOUTH 00 DEGREES 03 MINUTES 03 SECONDS ALONG SAID PARALLEL LINE, A DISTANCE
OF 1130.45 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 59 SECONDS WEST, A
DISTANCE OF 891.95 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS.
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EXHIBIT 3
Legal Description of Busse Right-of-Way
The southern-most forty-one (41) feet of the following described parcel:
THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN; THENCE EAST ALONG THE CENTER LINE OF SAID
SECTION 947.79 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING EASTERLY
ALONG THE SAID CENTER LINE, 375.0 FEET TO THE EAST LINE OF THE WEST 1/2 OF THE
SOUTH EAST 1/4 OF SECTION 19; THENCE SOUTHERLY ALONG SAID EAST LINE 1184.83
FEET; THENCE WESTERLY PARALLEL WITH THE EAST-WEST CENTER LINE OF SECTION
19, 375.0 FEET; THENCE NORTHERLY 1184.83 FEET TO THE POINT OF BEGINNING)
ALSO (EXCEPT THAT PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 19,
TOWNSHIP 42 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE
COUNTY,
ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE
SOUTHEAST 1/4 OF SAID SECTION 19; THENCE NORTHERLY, 2612.25 FEET ON AN
ASSUMED BEARING OF NORTH 0 DEGREES 30 MINUTES 13 SECONDS WEST ALONG THE
WEST LINE OF SAID SOUTHEAST 1/4 TO THE SOUTH RIGHT-OF-WAY LINE OF ILLINOIS
ROUTE 72 AS ESTABLISHED BY DOCUMENT NO. 339017; THENCE NORTH 89 DEGREES 19
MINUTES 43 SECONDS EAST, 222.36 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE
SOUTH 0 DEGREES 40 MINUTES 17 SECONDS EAST, 156.15 FEET; THENCE SOUTHERLY
294.23 FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE WEST, RADIUS 847.50 FEET,
CENTRAL ANGLE 19 DEGREES 53 MINUTES 31 SECONDS; THENCE SOUTH 19 DEGREES 13
MINUTES 14 SECONDS WEST, 185.20 FEET ALONG TANGENT; THENCE SOUTHERLY 261.63
FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE EAST, RADIUS 760.00 FEET,
CENTRAL ANGLE 19 DEGREES 43 MINUTES 28 SECONDS TO A LINE THAT IS 66.00 FEET
EAST OF, AS MEASURED PERPENDICULAR, AND PARALLEL WITH THE WEST LINE OF SAID
SOUTHEAST 1/4; THENCE SOUTH 0 DEGREES 30 MINUTES 13 SECONDS EAST, 1737,53
FEET ALONG SAID PARALLEL LINE, BEING TANGENT TO THE LAST DESCRIBED CURVE, TO
THE SOUTH LINE OF SAID SOUTHEAST 1/4; THENCE SOUTH 89 DEGREES 35 MINUTES 22
SECONDS WEST, 66.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING),
AND
ALSO (EXCEPT THAT PART CONVEYED TO PEOPLE OF STATE OF ILLINOIS BY DEED
DOCUMENTS 97KO58994 AND 97K058995) IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 19; THENCE NORTH 89 DEGREES 51 MINUTES 36 SECONDS EAST ALONG THE
SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 66.00 FEET TO THE EAST
RIGHT OF WAY LINE OF GALVIN DRIVE AS DEDICATED BY DOCUMENT 96KO81139 AND THE
POINT OF BEGINNING; THENCE NORTH 00 DEGREES 14 MINUTES 50 SECONDS WEST
ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 1458.36 FEET; THENCE NORTH 89
DEGREES 45 MINUTES 59 SECONDS EAST, A DISTANCE OF 1266.95 FEET TO THE EAST
LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE
SOUTH 00 DEGREES 03 MINUTES 03 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE
OF 1460.43 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
19; THENCE SOUTH 89 DEGREES 51 MINUTES 36 SECONDS WEST ALONG SAID SOUTH
LINE, A DISTANCE OF 1261.94 FEET TO THE POINT OF BEGINNING, ALL IN KANE COUNTY,
ILLINOIS.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 19; THENCE NORTH 89 DEGREES 51 MINUTES 36 SECONDS EAST ALONG THE
SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 66.00 FEET TO THE EAST
RIGHT OF WAY LINE OF GALVIN DRIVE AS DEDICATED BY DOCUMENT 96K081139; THENCE
NORTH 00 DEGREES 14 MINUTES 50 SECONDS WEST ALONG SAID EAST RIGHT OF WAY
LINE, A DISTANCE OF 1458.36 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID EAST RIGHT OF WAY LINE FOR THE FOLLOWING 5 CALLS: 1) THENCE NORTH
00 DEGREES 14 MINUTES 50 SECONDS WEST, A DISTANCE OF 279.60 FEET TO A
TANGENTIAL CURVE; 2) THENCE NORTHERLY 261.63 FEET ALONG A TANGENTIAL CURVE
CONCAVE TO THE EAST, RADIUS 760.00 FEET, CENTRAL ANGLE 19 DEGREES 43 MINUTES
28 SECONDS; 3) THENCE NORTH 19 DEGREES 28 MINUTES 37 SECONDS EAST, 185.20
FEET ALONG TANGENT; 4) THENCE NORTHERLY 294.23 FEET ALONG A TANGENTIAL
CURVE CONCAVE TO THE WEST, RADIUS 847.50 FEET, CENTRAL ANGLE 19 DEGREES 53
MINUTES 31 SECONDS; 5) THENCE NORTH 00 DEGREES 24 MINUTES 54 SECONDS WEST,
A DISTANCE OF 129.15 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE
72 AS DEDICATED PER DOCUMENT 97KO58994 AND 97K058995; THENCE NORTH 89
DEGREES 35 MINUTES 11 SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE,
A DISTANCE OF 739.40 FEET TO A POINT ON A LINE 375.00 FEET WEST OF AND PARALLEL
WITH THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE
SOUTH 00 DEGREES 03 MINUTES 03 SECONDS ALONG SAID PARALLEL LINE, A DISTANCE
OF 1130.45 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 59 SECONDS WEST, A
DISTANCE OF 891.95 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS.
- 2 -
March 7, 2008 F ,
SAM
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager
William A. Cogley, Corporation Counsel
SUBJECT: Proposed Development with the Edward J. Busse Trust and the Ruth Busse Trust
to Provide for a Roadway Connection between Galvin Drive and Randall Road
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider a proposed Development Agreement with property owners the Edward J.
Busse Trust and the Ruth Busse Trust to provide for a roadway extension between Galvin Drive
and Randall Road.
RECOMMENDATION
It is recommended that the City Council approve the proposed Development Agreement.
BACKGROUND
The Edward J. Busse Trust and the Ruth Busse Trust are the owners of the property consisting of
approximately 63.86 acres at the southeast corner of Route 72 and Galvin Drive. The owners are
proposing to sell the southernmost 42.368 acres to an industrial property developer. The
northernmost approximate 21.5 acres will be retained by the owners for the time being with the
expected future development of such property being for retail purposes. City staff desires that an
east-west roadway be located and constructed from Galvin Drive to Randall Road south of Route
72.
Attached is a proposed Development Agreement between the owners of the Busse property and
the City regarding the proposed east-west connection roadway. The Development Agreement
may be summarized as follows:
1. Exhibit 2 to the agreement identifies the Busse Retail Property and Industrial Property
along with the parcels to the east identified as the Aspen Valley Parcel, the Galvin Parcel
and the Interstate Parcel. Exhibit 2 also depicts the location and alignment of the
proposed east-west connection roadway between Galvin Drive and Randall Road.
,Proposed Development Agreement with the Edward J. Busse Trust and the Ruth Busse Trust
March 7, 2008
Page 2
2. The owners of the Busse property would convey to the City at no cost within 30 days of
the entry into the Development Agreement those portions of the Retail Property and the
Industrial Property depicted on Exhibit 2. The owners would also convey to the City an
easement for public utility purposes along both sides of the new right of way.
3. The Busse Trust as owners of the Retail Property would construct or cause to be
constructed at their cost the roadway improvements for the East-West Roadway located
at the Retail Parcel and the Industrial Property in conjunction with the development of the
Retail Property. The City would agree to name the new roadway Busse Parkway.
4. The City agrees it will use its best efforts to require the owners of the remaining
properties to the east on which the East-West Roadway is to be located to dedicate the
property necessary for the East-West Roadway and to construct the improvements
thereon thereby providing a complete connection between Galvin Drive and Randall
Road.
5. The City agrees that if in connection with the development of the Retail Property the
owner seeks to construct a direct vehicular access point from the Retail Property to Route
72 that the City will not object to same as long as it is approved by the Illinois
Department of Transportation.
6. The parties agree that the agreement nor the subject matter may be used either of them to
support, or object to, any judicial proceeding that may hereinafter be commenced by the
owner or its successors seeking to disconnect the Retail Property or any portion thereof
from the City.
COMMUNITY GROUPSANTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
There is no cost to the City for the Development Agreement.
LEGALIMPACT
None
,Proposed Development Agreement with the Edward J. Busse Trust and the Ruth Busse Trust
March 7, 2008
Page 3
ALTERNATIVES
1. The City Council may choose to approve the Development Agreement as presented or in
an amended form.
2. The City Council may choose not to enter into a Development Agreement regarding the
proposed east-west roadway extension between Galvin Drive and Randall Road.
Respectfully submitted for Council consideration.
mg
Attachment