14-38 Resolution No. 14-38
RESOLUTION
AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO
ANNEXATION AGREEMENT WITH ELGIN MEMORY CARE, LLC, AND
NESLER AND LAKE-CRE, LLC
(West Point Gardens Subdivision)
WHEREAS, the Owners of certain property commonly known as the commercial parcel
of the West Point Gardens Subdivision, Elgin, Illinois have proposed that the annexation
agreement between the Owners and the City of Elgin be further 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 Elgin
Memory Care, LLC, and Nesler and Lake-CRE, 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 Third
Amendment to Annexation Agreement with Elgin Memory Care, LLC, and Nesler and Lake-
CRE, LLC, a copy of which is attached hereto.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: March 19, 2014
Adopted: March 19, 2014
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Resolution No. 14-xxx
RESOLUTION
AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO
ANNEXATION AGREEMENT WITH ELGIN MEMORY CARE LLC, AND
NESLER AND LAKE-CRE LLC
(West Point Gardens Subdivision)
WHEREAS,the Owners of certain property commonly known as the commercial parcel of
the West Point Gardens Subdivision, Elgin, Illinois have proposed that the annexation agreement
between the Owners and the City of Elgin be further 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 Elgin Memory
Care, LLC., and Nesler and Lake-CRE, 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 Third Amendment to
Annexation Agreement with Elgin Memory Care,LLC.,and Nesler and Lake-CRE,LLC.,a copy of
which is attached hereto.
David J. Kaptain, Mayor
Presented: March 19,2014
Adopted:
Vote: Yeas Nays:
Recorded:
Attest:
Kimberly A. Dewis, City Clerk
THIRD AMENDMENT TO ANNEXATION AGREEMENT
(West Point Gardens Subdivision/Commercial Parcel)
THIS THIRD AMENDMENT to Annexation Agreement (the "Third Amendment") is
made and entered into this 19th day of March , 2014, by and between the City of
Elgin, Illinois, a municipal corporation, of the Counties of Cook and Kane, State of Illinois
(hereinafter referred to as the "City"), and Elgin Memory Care, LLC, and Nesler and Lake-CU,
LLC (hereinafter referred to as "Elgin Memory Care and Nesler and Lake-CRE") as successors
in interest to Linda Meyer, as Trustee of the Erwin W. Meier Declaration of Trust dated January
16, 1992, and Laverne Meier as trustee of the Laverne Meier Declaration of Trust dated January
16, 1992, and West Point Builders Developers, Inc.
WITNESSETH:
WHEREAS, Elgin Memory Care and Nesler and Lake-CRE are the owners of record of
the real property legally described in Exhibit A and depicted in Exhibit B, which are attached
and made a part hereof(which real property is hereafter referred to as the "Commercial Parcel");
and
WHEREAS,the City and the predecessor owners of record of the Commercial Parcel and
certain property adjacent to the Commercial Parcel to the south previously entered into an
annexation agreement for such property dated January 12, 2005 (hereinafter referred to as the
"Annexation Agreement"); and
WHEREAS, the City and the owners of record previously entered into a first amendment
to the Annexation Agreement as of November 14, 2012 (hereinafter referred to as the "First
Amendment"); and
WHEREAS, the City and the owners of record previously entered into a second
amendment to the Annexation Agreement as of November 14, 2012 (hereinafter referred to as
the"Second Amendment");and
WHEREAS, the parties hereto have determined that it is necessary and desirable to enter
into a third amendment to the Annexation Agreement to provide for the authorization of Elgin
Memory Care's proposed nursing and personal care facility specializing in assisted living and
memory care for the elderly on a portion of the Commercial Parcel; and
WHEREAS, the City has held the public hearings on the proposed Third Amendment to
the Annexation Agreement and on the proposed amended PAB Planned Area Business Zoning
District for the Commercial Parcel as required by law.
NOW, THEREFORE, for and in consideration of the mutual promises and undertakings
contained herein,the parties hereto agree as follows:
A. This Third Amendment to the Annexation Agreement is made pursuant 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.
B. Exhibit C-4 being the current PAB Planned Area Business District for the
Commercial Parcel, enacted as Ordinance No. G9-05, is hereby amended as set forth in Exhibit
B attached hereto and made a part hereof by this reference. The City agrees to adopt said
amendment to the PAB zoning ordinance within thirty days following the entry into and
execution of this Third Amendment.
C. The owner and/or operator of the nursing and personal care facility to be
established on Lot 1 of the Commercial Parcel shall contract with and shall call and otherwise
utilize a qualified private ambulance service to provide for all non-emergency medical
transportation to and from the facility. For the purposes of this section, terms shall be defined as
provided in the Emergency Medical Services (EMS) Systems Act at 210 ILCS 50/1, et seq.
"Emergency" means a medical condition of recent onset and severity that would lead a prudent
layperson, possessing an average knowledge of medicine and health, to believe that urgent or
unscheduled medical care is required. (210 ILCS 50/3.5, as amended). "Non-Emergency
Medical Services" means medical care or monitoring rendered to patients whose conditions do
not meet the definition of an emergency, before or during transportation of such patients to or
from health care facilities visited for the purposes of obtaining medical or health care services
which are not emergency in nature, using a vehicle regulated by the Emergency Medical
Services Systems Act. (210 ILCS 50/3.5, as amended). The owner and/or operator of the
nursing and personal care facility to be established on Lot 1 of the Commercial Parcel shall
provide the fire chief each year a copy of such a contact with a qualified private ambulance
service providing for all non-emergency medical transportation to and from the facility.
D. In the event of any conflict between the terms of this Third Amendment and the
terms of the Annexation Agreement, the First Amendment and the Second Amendment, the
terms of this Third Amendment shall supersede and control. In all other respects, the
Annexation Agreement shall remain in full force and effect as originally written and as amended.
IN WITNESS WHEREOF, the parties hereto have executed and entered into this Third
Amendment by and through their duly authorized officials on the day and year first written
above.
ELGIN MEMORY CARE, LLC CITY OF • 9 GIN
By B
Its ayo
ATTEST: ( e-<- 2\
NESLER and LAKE-CRE, LLC g(Afr&
City erk
By
Its
f:\legal dept\agreement\annexation-west point gardens-third amendment.docx
- 2 -
B attached hereto and made a part hereof by this reference. The City agrees to adopt said
amendment to the PAB zoning ordinance within thirty days following the entry into and
execution of this Third Amendment.
C. The owner and/or operator of the nursing and personal care facility to be
established on Lot 1 of the Commercial Parcel shall contract with and shall call and otherwise
utilize a qualified private ambulance service to provide for all non-emergency medical
transportation to and from the facility. For the purposes of this section, terms shall be defined as
provided in the Emergency Medical Services (EMS) Systems Act at 210 ILCS 50/1, et seq.
"Emergency" means a medical condition of recent onset and severity that would lead a prudent
layperson, possessing an average knowledge of medicine and health, to believe that urgent or
unscheduled medical care is required. (210 ILCS 50/3.5,as amended). "Non-Emergency
Medical Services" means medical care or monitoring rendered to patients whose conditions do
not meet the definition of an emergency, before or during transportation of such patients to or
from health care facilities visited for the purposes of obtaining medical or health care services
which are not emergency in nature, using a vehicle regulated by the Emergency Medical
Services Systems Act. (210 ILCS 50/3.5, as amended). The owner and/or operator of the
nursing and personal care facility to be established on Lot 1 of the Commercial Parcel shall
provide the fire chief each year a copy of such a contact with a qualified private ambulance
service providing for all non-emergency medical transportation to and from the facility.
D. In the event of any conflict between the terms of this Third Amendment and the
terms of the Annexation Agreement, the First Amendment and the Second Amendment, the
terms of this Third Amendment shall supersede and control. In all other respects, the
Annexation Agreement shall remain in full force and effect as originally written and as amended.
IN WITNESS WHEREOF, the parties hereto have executed and entered into this Third
Amendment by and through their duly authorized officials on the day and year first written
above.
ELG / CITY OF ELGIN
By ������j./ By
t-,ice a•• Mayor
ATTEST:
NESLER and LAKE-CRE, LLC
City Clerk
By
Its
f:\legal dept\agreement\annexation-west point gardens-third amendment.docx
-2 -
B attached hereto and made a part hereof by this reference. The City agrees to adopt said
amendment to the PAB zoning ordinance within thirty days following the entry into and
execution of this Third Amendment.
C. The owner and/or operator of the nursing and personal care facility to be
established on Lot 1 of the Commercial Parcel shall contract with and shall call and otherwise
utilize a qualified private ambulance service to provide for all non-emergency medical
transportation to and from the facility. For the purposes of this section, terms shall be defined as
provided in the Emergency Medical Services (EMS) Systems Act at 210 ILCS 50/1, et seq.
"Emergency" means a medical condition of recent onset and severity that would lead a prudent
layperson, possessing an average knowledge of medicine and health, to believe that urgent or
unscheduled medical care is required. (210 ILCS 50/3.5,as amended). "Non-Emergency
Medical Services" means medical care or monitoring rendered to patients whose conditions do
not meet the definition of an emergency, before or during transportation of such patients to or
from health care facilities visited for the purposes of obtaining medical or health care services
which are not emergency in nature, using a vehicle regulated by the Emergency Medical
Services Systems Act. (210 ILCS 50/3.5, as amended). The owner and/or operator of the
nursing and personal care facility to be established on Lot 1 of the Commercial Parcel shall
provide the fire chief each year a copy of such a contact with a qualified private ambulance
service providing for all non-emergency medical transportation to and from the facility.
D. In the event of any conflict between the terms of this Third Amendment and the
terms of the Annexation Agreement, the First Amendment and the Second Amendment, the
terms of this Third Amendment shall supersede and control. In all other respects, the
Annexation Agreement shall remain in full force and effect as originally written and as amended.
IN WITNESS WHEREOF, the parties hereto have executed and entered into this Third
Amendment by and through their duly authorized officials on the day and year first written
above.
ELGIN MEMORY CARE, LLC CITY OF ELGIN
By By
Its Mayor
7 ATTEST:
NE LE and -C, , C
City Clerk
By
Its l"n.9it).4G<<?
f.\legal dept\agreement\annexation-west point gardens-third amendment.docx
-2 -
Exhibit A - LEGAL DESCRIPTION — Elgin Memory Care Subdivision
That part of the Northeast Quarter of Section 18. Township 41 North. Range 8 East of the Third
Principal Meridian, described as follows: Commencing at an iron pipe at the Northwest corner of
said Northeast Quarter; thence South 00 degrees 22 minutes 25 seconds East along the West line
of the Northeast Quarter of said Section 18. a distance of 438.69 feet to a point on the centerline
of U.S. Route 20 according to Document Numbers 2004K135981. 2004K135982 and
2007K088001; thence South 64 degrees 16 minutes 30 seconds East along said centerline.
522.82 feet; thence South 25 degrees 01 minutes 07 seconds West. 45.31 feet to a point on the
Southerly line of said U.S. Route 20. said point being also the Place of Beginning; thence along
said Southerly line for the following two (2) courses; (1) thence South 64 degrees 13 minutes 29
seconds East. 786.80 feet to a non-tangent curve; (2) thence Southeasterly along a curve concave
Northeasterly having a radius of 30105.95 feet with an arc length of 443.77 feet and a chord
bearing of South 64 degrees 38 minutes 49 seconds East. to a point of non-tangency; thence
South 31 degrees 08 minutes 12 seconds West. a distance of 747.96 feet to the Northerly
boundary of West Point Gardens Phase 1 according to the plat thereof recorded as Document No.
2006K091 077; thence along said boundary for the following nine (9) courses; (1) thence North
59 degrees 25 minutes 24 seconds West. 9.78 feet to a point of curvature; (2) thence
Northwesterly along a curve concave Southwesterly having a radius of 1190.00 feet with an arc
length of 80.17 feet to a point of tangency; (3) thence North 63 degrees 17 minutes 00 seconds
West. 921.03 feet to a point of curvature; (4) thence Northwesterly along a curve concave
Southwesterly having a radius of 555.00 feet with an arc length of 1.48 feet and a chord bearing
of North 63 degrees 21 minutes 35 seconds West to a point of non-tangency; (5) thence North 25
degrees 01 minutes 47 seconds East. 60.38 feet to a point of curvature; (6) thence Northerly
along a curve concave Westerly having a radius of 440.00 feet with an arc length of 121.87 feet
to a point of tangency; (7) thence North 09 degrees 09 minutes 36 seconds East. 108.50 feet; (8)
thence North 80 degrees 50 minutes 24 seconds West. 80.00 feet to a point on a non-tangent
curve; (9) thence Northerly along a curve concave Easterly having a radius of 410.00 feet with
an arc length of 113.48 feet and a chord bearing on North 17 degrees 05 minutes 22 seconds East
to a point of tangency. said point being also the Northerly most corner of Lot 482 in West Point
Gardens Phase 1. aforesaid; thence North 25 degrees 01 minutes 07 seconds East. 348.08 feet to
the Place of Beginning. all in Kane County. Illinois.
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