14-180 Resolution No. 14-180
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO
ANNEXATION AGREEMENT WITH RANDALL POINT BUSINESS CENTER, LLC
(Randall Point Business Park)
WHEREAS, the Owner of certain property commonly known as Randall Point Business
Park, Elgin, Illinois has proposed that the annexation agreement between the Owner and the City
of Elgin 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 First Amendment to Annexation Agreement with Randall
Point Business Center, LLC, 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 First
Amendment to Annexation Agreement with Randall Point Business Center, LLC, a copy of
which is attached hereto.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: December 17, 2014
Adopted: December 17, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Y
FIRST AMENDMENT TO ANNEXATION AGREEMENT
(Randall Point Business Park)
THIS FIRST AMEN\DMENT TO ANNEXATION AGREEMENT ('`First Amendment")
is made and entered into this 17th day of December 2014, by and
between the City of Elgin, an Illinois municipal corporation (the "City".) and Randall Point
Business Center, LLC ("Owner").
WITNESSETH
WHEREAS, the Owner and the City entered into an Annexation Agreement dated
October 12, 2005 (hereinafter referred to as "Annexation Agreement"); and
WHEREAS, the Owner is the owner of record of certain additional real estate legally
described in Exhibit"A-1"hereto (hereinafter referred to as the "Added Parcel"); and
WHEREAS, Owner desires to annex the Added Parcel to the City and to combine same
with the Subject Property as defined in the Annexation Agreement into one co-ordinated
development plan; and
WHEREAS, the City desires to accommodate Owner's proposed annexation and co-
ordinate development plan for the Added Parcel as part of the Subject Property; and
WHEREAS, it is necessary to amend the Annexation Agreement in order for Owner to
proceed with its proposed annexation and development of the Added Parcel as part of the Subject
Property; and
WHEREAS, the Added Parcel is not included within the corporate limits of any
municipality; and
WHEREAS, the Added Parcel constitutes territory which is contiguous to and may be
annexed to the City as provided in Article 7 of the Illinois Municipal Code (65 ILCS 5/7-1-1 et
seq.); and
WHEREAS, the Added Parcel is located within the Rutland Dundee Fire Protection
District. and whereas the Trustees of said District were notified in writing by certified or
registered mail at least ten (10) days in advance of an_y action taken with respect to the
annexation of the Added Parcel; and
WHEREAS, the Added Parcel is located within Quw�o,,vnship, and the
Township Commissioners of Highways and the Trustees of said Township 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 Added Parcel; and
WHEREAS, the Corporate Authorities of the City of Elgin being the City Council has set
a time. date and place for a public hearing on this First Amendment, and have caused due notice
c.
to be made of said public hearing through publication in the Daily Courier News, a newspaper of
general circulation, and the City has held such public hearing; and
WHEREAS, the Corporate Authorities after due and careful consideration have
concluded that the annexation of the Added Parcel 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 Zoning Commission of the City on the requested and zoning of the
Added Parcel.
NOW. THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, and the mutual promises and covenants contained in the agreement, and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge,the
parties hereto agree as follows:
1. This First Amendment is made pursuant to and in accordance with the provisions
of Section 1 I of the Illinois Municipal Code (65 ILCS 5'11-15.1-1 et seq.) and in the exercise of
the homer rule power of the City.
'?. For all purposes of both this First Amendment and the Annexation Agreement,
the term "Subject Property" shall be deemed to refer to the aggregate of the Added Parcel and
the Subject Property as defined in the Annexation Agreement.
3. That upon the entry into this First :Amendment and the filing of Owner's Petition
for Annexation in a form and substance as required by law, the receipt by the City of a Plat of
Annexation covering the Added Parcel conforming to the requirements of law in recordable form
and the receipt by the City of Owner's payment of the disconnection fee to the Rutland Dundee
Fire Protection District for the .Added Parcel referred to in Paragraph 34 of the Annexation
Agreement, shall adopt an ordinance annexing the Added Parcel to the City and promptly
thereafter record with the Kane County Recorder the Annexation Plat and the Annexation
Ordinance. The Annexation Plat for the Annexation Ordinance shall be in the form of Exhibit
'B-1" attached hereto and incorporated herein by this reference.
4. That upon the adoption of the Annexation Ordinance for the Added Parcel the
Corporate Authorities shall pass an ordinance amending the PGI Planned General Industrial
District Ordinance No. G13-06 for the Subject Property in the form as set forth in Exhibit "C-1"
attached hereto.
5. That except as expressly set forth herein. the Annexation Agreement shall remain
in full force and effect in accordance with its term.
6. That in the event of any conflict with the terms of this First Amendment, and the
term;of the Annexation Agreement. the terms of this First Amendment shall control. In all other
respects the Annexation Agreement shall remain in full force and effect as originally written.
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IN `FITNESS WHEREOF, the City and Owner have entered and executed this First
:,krnendment to the Annexation Agreement as of the date and year first written above.
CITY OF ELGIN
BY:
May
Attest:
By:
City Clerk
OLlv'ti ER
Randall Point Business Center, LLC
By: RPBC, LLC, its sole Manager
By:
Richard anichi,
Its: Manager, Member
F:Legal Dept'Agree-mnt Atmexatiou-Randall Point Bus Pk-Fast A.neudimmi-6 ;=does
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EXHIBIT A-1
Legal Description
LOT 1 IN PERRIN'S SUBDIVISION, BEING A SUBDIVISION OF PART OF THE
SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN, PER DOCUMENT 1095768, IN KANE COUNTY,
ILLINOIS.
LOT 1 AND 2 IN SHICK'S SUBDIVISION, BEING A SUBDIVISION OF PART OF THE
SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN, PER DOCUMENT 1206586, IN KANE COUNTY,
ILLINOIS.
f:\legal dept\agreement\annexation-randall point bus pk-first amendment-6-21-13-exhibit a-l.docx
B-1
MkP OF TERRITORY
ANNEXED TO THE CITY OF ELGIN, ILLINOIS
BY ORDINANCE No- ------- PASSED
12012
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Exhibit B-1
EXHIBIT C-1
Ordinance No. GXX-14
AN ORDINANCE
AMENDING PGI PLANNED GENERAL INDUSTRIAL DISTRICT
ORDINANCE NO. G13-06
(2651 Big Timber Road)
WHEREAS, the property commonly known as the Randall Point Business Park was
zoned PGI Planned General Industrial District pursuant to Ordinance No. G13-06; and
WHEREAS, the owner has made written application to annex additional property
adjacent to the Randall Point Business Park and to amend the Planned Development Ordinance
for such property to incorporate such additional property; and
WHEREAS, after due notice in the manner provided by law, the Planning & Zoning
Commission has 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 concurs in the findings and
recommendation of the Planning and Development 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 January 7, 2013 made by the Planning and Zoning Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Ordinance No. G13-06 entitled "An Ordinance Classifying Newly
Annexed Territory in the PGI Planned General Industrial District", passed March 8, 2006, be and
is hereby amended only as set forth in this ordinance as follows:
1. That Section 2 thereof is amended by adding the following additional
property to the legal descriptions set forth therein:
LOT 1 IN PERRIN'S SUBDIVISION, BEING A SUBDIVISION OF PART OF
THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, PER DOCUMENT
1095768, IN KANE COUNTY, ILLINOIS.
LOT I AND 2 IN SHICK'S SUBDIVISION, BEING A SUBDIVISION OF
PART OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 42
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, PER
DOCUMENT 1206586, IN KANE COUNTY, ILLINOIS.
2. That Section 3G1 entitled "Site Design. General Conditions." be and is
hereby amended to read as follows:
"General Conditions. The following general conditions shall apply to the
development of land and structures within this PGI zoning district:
a. Substantial conformance to the Preliminary Plat for Randall Pointe
Business Park, prepared by Jacob and Heffner Associates, P.C.,
dated July 8, 2005, with a final revision date of September 26,
2005.
b. Substantial conformance to the Preliminary Engineering Plan for
Randall Pointe Business Park, prepared by Jacob and Heffner
Associates, P.C., dated July 8, 2005 with a final revision date of
September 27, 2005.
C. Substantial conformance to the landscape plan prepared by
Monarch Nurseries, dated July 31, 2005, with a final revision date
of August 9, 2005.
d. Substantial conformance to the Petitioner's Master Site Plan, dated
July 1, 2008, submitted by Pancor Construction and Development,
prepared by Silva Architects, dated received October 26, 2012.
e. Substantial conformance to the Petitioner's Key Plan and Site Data
Exhibit dated February 16, 2012, submitted by Pancor
Construction and Development, prepared by Silva Architects dated
received October 26, 2012.
f. Substantial conformance with the Final Plat of Resubdivision of
Randall Point Business Park Unit 2, dated December 5, 2012,
submitted by Pancor Construction and Development, prepared by
Jacob and Hefner Associates, Inc., last revised March 4, 2014.
g. Substantial conformance with Randall Point Business Park Plat of
Vacation of Utility Easement, City Easement and Public Utility &
Drainage Easement, dated January 30, 2013 submitted by Pancor
Construction and Development, prepared by Jacob and Hefner
Associates, Inc., last revised April 17, 2014.
h. Substantial conformance with the Statement of Purpose and
Conformance and Attachments, submitted by Pancor Construction
and Development, dated received October 26, 2012. In the event
of any conflict between such Statement of Purpose and
Conformance and this ordinance or other applicable city
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ordinances, this ordinance or other applicable city ordinances shall
supersede and control.
i. Compliance with all applicable codes and ordinances.
Section 3. That except as specifically amended herein Ordinance G13-06 shall
remain in full force and effect.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 5. This ordinance shall be in full force and effect upon its passage in the
manner provided by law.
David J. Kaptain, Mayor
Presented:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
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