14-12 Resolution No. 14-12
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO FINAL
PLAT OF SUBDIVISION OF RANDALL ROSE AUTO MALL
WITH RANDALL 90 LLC, HEATH 79 LLC, SWC RAND & WILLOW LLC,
WOLF & LARAWAY LLC, ELGIN AUTO MALL LOT 1, LLC,
ELGIN AUTO MALL LOT 2, LLC AND COUNTY OF KANE
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 a First Amendment To Final Plat of Subdivision of Randall Rose Auto
Mall on behalf of the City of Elgin with Randall 90 LLC, Heath 79 LLC, SWC Rand & Willow
LLC, Wolf & Laraway LLC, Elgin Auto Mall Lot 1, LLC Elgin Auto Mall Lot 2, LLC, and
County of Kane, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: February 12, 2014
Adopted: February 12, 2014
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
�,01 ri.c'L
City of Elgin Memorandum
•
Date: February 17, 2014
To: Kimberly A. Dewis, City Clerk
From: Barbara E. Furman, Legal Secretary/Paralegal
Subject: First Amendment to Final Plat of Subdivision of Randall Rose Auto Mall
Attached for the City Clerk's files is a fully executed original copy of the above-referenced First
Amendment to Final Plat of Subdivision of Randall Rose Auto Mall.
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Attachment
This Document Prepared By:
Peter C. Bazos, Esq.
Bazos Freeman, et al
1250 Larkin Avenue, Suite 100
Elgin, Illinois 60123
and After Recording Return To:
Peter C. Bazos, Esq.
Bazos Freeman, et al
1250 Larkin Avenue, Suite 100
Elgin, Illinois 60123
SPACE ABOVE THIS LINE RESERVED FOR RECORDERS USE ONLY
FIRST AMENDMENT TO FINAL PLAT OF SUBDIVISION OF
RANDALL ROSE AUTO MALL
WHEREAS, a final plat of subdivision ("Final Plat") of Randall Rose Auto Mall (the
"Subdivision") was recorded on December 18, 2007 as Document No. 2007K122789; and
WHEREAS, all of the lots ("Lots") within the Subdivision are owned by the parties
designated under the title of "Owner" on the signature page to this First Amendment (with all
such owners being hereinafter collectively called the "Owners"); and
WHEREAS, the Owners, together with the City of Elgin, Illinois, an Illinois municipal
corporation (the "City") and the County of Kane, Illinois, a body politic of the State of Illinois (the
"County") now wish to amend certain restrictive provisions set forth on the Final Plat as they
pertain only to Lot 1 and Lot 7 of the Subdivision as more fully described on Exhibit A attached
hereto;
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein and of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which are hereby mutually acknowledged, it is agreed as follows:
1. Amendment to Certain Plat Restrictions Pertaining to Lots 1 and 7. Note 2 on
Sheet 1 of the Final Plat is hereby replaced in its entirety with the following Note:
2. As long as a non-mountable barrier median remains on Auto Mall Drive from the west
edge of the pavement of Randall Road extending to the eastern most intersection of
Auto Circle Drive and Auto Mall Drive; then, each of Lot 1 and Lot 7 shall be entitled to
not more than one (1) right-in/right-out only access point provided that the eastern-most
edges of the intersection of Auto Mall Drive and said right-in/right-out access drives shall
be not less than 300 feet west of the westerly edge of the pavement of Randall Road.
Removal of the aforesaid barrier median shall require and cause all access between
Randall Road and Auto Circle Drive as aforesaid to be removed. Any access point at
and beyond the aforesaid intersection of Auto Circle Drive and Auto mall Drive shall be
at the discretion of the City of Elgin.
2. Ratification. Except as expressly modified hereby, the restrictions set forth in the Final
Plat shall remain unmodified and in full force and effect.
f,:....—..
Dated as of this ? day of February, 2014
OWNERS OF LOTS 3 THOUGH 10:
RANDALL 90 LLC
an Illinois limited liability company
HEATH 79 LLC
an Illinois limited liability company
SWC RAND & WILLOW LLC
An Illinois limited liability company, and
WOLF & LARAWAY LLC
an Illinois limited liability company
By: Oi_. -,/,....0...j '� Q
Name: Mi ael
H. Rose
Title: Manager of each of said Owners
STATE OF ILLINOIS )
)ss.
COUNTY OF )// )
I, the undersigned, a notary public in and for said County, in the State aforesaid, DO HEREBY
CERTIFY that Michael H. Rose, personally known to me to be the Manager of each of Randall
90 LLC, Heath 79 LLC, SWC Rand& Willow LLC, and Wolf& Laraway LLC, each an Illinois
limited liability company,
appeared before me this day and acknowledged that in his capacity as such Manager he signed
and delivered the foregoing First Amendment pursuant to authority given by the action of the
Manager of each of said Randall 90 LLC, Heath 79 LLC, SWC Rand & Willow LLC, and Wolf
& Laraway LLC as his free and voluntary act, and as the free and voluntary act and deed of each
of said Randall 90 LLC, Heath 79 LLC, SWC Rand & Willow LLC, and Wolf& Laraway LLC,
for the uses and purposes therein set forth.
GIVEN under my hand and official seal t1-01/day of February, 2014
(7/5 `�\. r-
N S TARY PUBLIC
My commission expires:
(NOTARY SEAL) ----
BARBARA D. LOSH
< ' OFFICIAL SEAL
a�t-
Notary Public,State of Illinois
`-a My Commission Expires
� , ,. August 11, 2015
2
OWNER OF LOT 1:
ELGIN AUTO MALL LOT 1, LLC
an Illinois limited liability company
By:
Name: Gary McG
Title: Manager
STATE OF ILLINOIS )
)ss.
COUNTY OF KANE )
I, the undersigned, a notary public in and for said County, in the State aforesaid, DO HEREBY
CERTIFY that Gary McGrath, personally known to me to be the Manager of ELGIN AUTO
MALL LOT 1, LLC,
an Illinois limited liability company, appeared before me this day and acknowledged that in his
capacity as such Manager he signed and delivered the foregoing First Amendment pursuant to
authority given by the action of the Manager of ELGIN AUTO MALL LOT 1, LLC as his free
and voluntary act, and as the free and voluntary act and deed of each of said ELGIN AUTO
MALL LOT 1, LLC for the uses and purposes therein set forth.
GIVEN under my hand and official seal this '-1 day of February, 2014
NOTAPUBLIC
"OFFICIAL SEAL"
My commission expires: LercBas
Pte
y Commission Expires 5/18/2014
3
OWNER OF LOT 2:
ELGIN AUTO MALL LOT 2, LLC
an Illinois limited liability company
By:
Name: Gary McGrath
Title: Manager r`
STATE OF ILLINOIS )
)ss.
COUNTY OF KANE )
I, the undersigned, a notary public in and for said County, in the State aforesaid, DO HEREBY
CERTIFY that Gary McGrath,personally known to me to be the Manager of ELGIN AUTO MALL
LOT 2, LLC, an Illinois limited liability company, appeared before me this day and acknowledged that
in his capacity as such Manager he signed and delivered the foregoing First Amendment pursuant to
authority given by the action of the Manager of ELGIN AUTO MALL LOT 2, LLC as his free and
voluntary act, and as the free and voluntary act and deed of each of said ELGIN AUTO MALL LOT 2,
LLC for the uses and purposes therein set forth.
GIVEN under my hand and official seal this 9 day of February, 2014
NOTARY PUB IC z "O ,IFICIAL SEAL"
Peter C Bazos
Illi
Notary Public State of nois
My Commission2014
4
CITY OF ELGIN
an Illinois municipal corporation
By: it 4 r 4o,,. .. ir
Name: David Kap
Title: Mayor
Attest:
_ Imo - A.. A
Kimberly Dewis, City lerk
Resolution No. 14- 12
COUNTY OF KANE
an Illinois body politic
By:
Name: Carl Scho del
Title: County Engineer
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Exhibit A
Legal Description of Affected Lots
Lots 1 and 7 of Randall Rose Auto Mall Subdivision, as created by the plat thereof
recorded on December 18, 2007 as Document No. 2007K122789 in Elgin, Kane
County, Illinois
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