12-130Resolution No. 12 -130
RESOLUTION
AUTHORIZING EXECUTION OF A FIFTH AMENDMENT TO
BOWES CREEK ANNEXATION AGREEMENT WITH TOLL IL, 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 Fifth Amendment to Annexation Agreement with Toll IL, 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 David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute, on behalf of the City of Elgin, the Fifth Amendment to
Annexation Agreement with Toll IL, L.P., a copy of which is attached hereto.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: August 8, 2012
Adopted: August 8, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
FIFTH AMENDMENT TO BOWES CREEK ANNEXATION AGREEMENT
(BOWES CREEK COUNTRY CLUB)
THIS FIFTH AMENDMENT TO ANNEXATION AGREEMENT ( "Fifth Amendment "),
made and entered into this 8th day of August , 2012, by and between the
CITY OF ELGIN, ILLINOIS, a municipal corporation of the Counties of Kane and Cook, State of
Illinois (hereinafter referred to as the "City"), and TOLL IL, L.P., an Illinois limited partnership
( "Developer or Toll ").
WITNESSETH:
WHEREAS, the City entered into an annexation agreement dated February 28, 2001, for the
property legally described in such annexation agreement ( "Subject Property ") with the predecessor
owners of the Subject Property (the "Annexation Agreement "); and
WHEREAS, the City entered into a first amendment to the annexation agreement dated June
25, 2003 with the predecessor owners of the Subject Property ( "First Amendment "); and
WHEREAS, the City entered into a second amendment to the annexation agreement for the
Subject Property bearing the date of January 26, 2005 ( "Second Amendment ") with Developer and
others; and
WHEREAS, the City, Developer and Lo Land Assets, LP, a Delaware limited partnership as
Owner ( "Lo Land ") entered into a third amendment to the annexation agreement for the Subject
Property bearing the date of August 13, 2008 ( "Third Amendment "); and
WHEREAS, the City, Developer and Lo Land entered into a fourth amendment to the
annexation agreement for the Subject Property bearing the date of February 1, 2010 ( "Fourth
Amendment ", the Annexation Agreement as amended by the First Amendment, the Second
Amendment, the Third Amendment and the Fourth Amendment being hereinafter collectively
referred to as the "Subject Annexation Agreement "); and
WHEREAS, Developer has acquired Lo Land's interest in the Subject Property and Lo Land
no longer has an interest in the Subject Property; and
WHEREAS, the City and Developer (collectively the "Parties ") after full consideration
recognize the benefits resulting from further amending the Subject Annexation Agreement pursuant
to this fifth amendment; 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 fifth amendment and have caused due notice to be
made of said public meeting through publication in the Daily Courier News, a newspaper of general
circulation in the community and the City has held such public hearing; and
WHEREAS, the Corporate Authorities of the City after due and careful consideration, have
concluded that this fifth amendment on the terms and conditions herein set forth is in the best
interests of the City.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. This fifth amendment 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. Group Exhibit C to the Subject Annexation Agreement is hereby further amended by
amending the PSFR2 Planned Single Family Residence District ordinance for Bowes Creek Country
Club Neighborhoods AA2 and AA3 (currently Ordinance No. G69 -09) which includes the 238 Villa
Lots as set forth in Exhibit 1 attached hereto and made a part hereof by this reference. The City
agrees to adopt said amendment to such PSFR2 Planned Single Family Residence District ordinance
within thirty days following the entry into and execution of this fifth amendment.
3. In the event of any conflict between the terms of the Subject Annexation Agreement
and the terms of this fifth amendment, the terms of this fifth amendment shall control. In all other
respects, the Subject Annexation Agreement shall remain in full force and effect as originally written
and as amended.
4. This fifth amendment may be executed in several counterparts, all of which shall be
an original and all of which shall constitute the one and the same agreement.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this fifth
amendment as of the date and year first above written.
CITY OF ELGIN, ILLINOIS, an Illinois
municipal corporation
ATT ES T:
BY9 ?wG C By:
City Clerk CKlayor
TOLL IL, L.P., an Illinois limited partnership
By: TOLL IL GP CORP., an Illinois corporation
Its: General Partner
By: v-�`— 1
Its: 6.lp%
Q\Documents and SettingsVBENZEL \Local Settings \Temporary Intemet
Files\ Content. Outlook \CQNOUKG6\Annexation -Bowes Creek Fifth Amendment- 8- 8- 12.docx
-2-
N
Ordinance No. G45 -12
AN ORDINANCE AMENDING THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
ORDINANCE NO. G69 -09
(Bowes Creek Country Club - 238 Villa Lots)
(3600 Bowes Road)
WHEREAS, the territory herein described has previously been classified in the PSFR2
Planned Single Family Residence District, pursuant to Ordinance No. G12 -05 as amended by
Ordinance No. G69 -09; and
WHEREAS, written application has been made to amend certain provisions within
Ordinance No. G69 -09;
WHEREAS, after due notice in the manner provided by law the Planning & Zoning
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 & Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated June 4, 2012, made by the Planning & Zoning Commission, a copy of which is attached
hereto and made a part hereof by reference as Exhibit A.
Section 2. That Ordinance No. G69 -09 entitled "An Ordinance Amending the PSFR2
Planned Single Family Residence District ", passed December 16, 2009, be and is hereby
amended only as set forth in this ordinance as follows:
A. That section 3G thereof entitled "Site Design" is hereby amended by adding new
subsections 5d and 5e thereto to read as follows:
"5d. Additional Rear Yard Setback Encroachments. Pergolas,
retractable awnings and other similar structures attached to a house may
encroach a maximum of twelve (12) feet into the required rear yard
building setback of twenty (20) feet for all 238 Villa Lots.
5e. Additional Interior Setback Encroachments. Patios, sheds, decks
below four (4) feet in height and other similar obstructions subject to the
interior setback will be allowed to encroach two (2) feet into the interior
setback for all 238 Villa Lots.
Exhibit 1
Any such encroachments referred to in subsection 5d or 5e shall also be
subject to the following additional provisions:
(1) Substantial conformance to the Bowes Creek Country Club Villas
Collection Exhibit, Sheet 1 of 1, prepared by ESE Consultants, Inc.
dated December 16, 2011.
(2) The authorized encroachment shall be restricted to the 238 Villa
Lots.
(3) Compliance with all other applicable codes and ordinances."
Section 3. That except as specifically amended herein, Ordinance No. G69 -09 shall
remain in full force and effect.
Section 4. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
Presented: August 8, 2012
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
David J. Kaptain, Mayor
-2-