14-5 unsigned S'
Resolution No. 14-5
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RESOLUTION `-
AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO is
ANNEXATION AGREEMENT WITH PULTE GROUP, INC. -
(Copper Springs Subdivision)
WHEREAS, the Owner of certain property commonly known as Copper Springs
Subdivision, 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
u;
WHEREAS, the proposed Second Amendment to Annexation Agreement with Pulte
Group, Inc. 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 Second
Amendment to Annexation Agreement with Pulte Group, Inc., a copy of which is attached
II
hereto.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: January 22, 2014
Adopted: January 22, 2014
4 Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
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SECOND AMENDMENT TO ANNEXATION AGREEMENT
(Copper Springs Subdivision)
THIS SECOND AMENDMENT TO ANNEXATION AGREEMENT (Amendment)
is made and entered into this day of , 2014 by and between
the City of Elgin, Illinois, a Municipal Corporation, of the Counties of Cook and Kane, in
the State of Illinois (hereinafter referred to as the "City"), and Pulte Group, Inc.,
(hereinafter referred to as "Developer" and "Owner") as successor in interest to Centex
Homes.
WITNESSETH
Whereas, the predecessor in title to the Owner and the City entered into an
Annexation Agreement dated April 5, 2004 (hereinafter referred to as the "Agreement")
regarding the property commonly known as Copper Springs Subdivision; and
Whereas, Owner owns a portion of Copper Springs Subdivision, being legally
described in Exhibit "A", which is attached and made a part hereof(which real property,
for convenience, is hereinafter referred to as the "Subject Property"); and
Whereas, the Agreement was amended on December 20, 2006, by Resolution
No. 06-299, entitled "Resolution Authorizing Execution Of An Amendment To
Annexation Agreement With Centex Homes (Copper Springs Subdivision-Water Road)"
to allow for balconies to be a permitted obstruction to encroach into the required rear
yard building setback for certain lots in Copper Springs Subdivision; and
Whereas, The Owner now desires to further amend said Annexation Agreement
to add additional building elevations and floor plans to Copper Springs Subdivision, such
additional building elevations and floor plans are depicted in Exhibit B which is attached
hereto and made a part hereof(the "Building Elevations and Floor Plans").
Whereas, the Owner desires to amend Exhibit "C-2" to the Agreement with
respect to Copper Springs Subdivision, such Exhibit C-2 being the PSFR2 zoning
ordinance for the Subject Property; and
Whereas, the City desires to accommodate Owner's desire to so amend such
Exhibit"C-2": and
Whereas,the City has held the public hearings on the proposed amendment to the
annexation agreement and the proposed amended PSFR2 zoning ordinances as required
by law.
Now Therefore, for and inconsideration of the premises and the mutual promises
and agreements herein contained and pursuant to the authority and conditions given and
contained in the statutes of the State of Illinois,the parties hereby agree as follows:
A. This Second Amendment to Annexation Agreement 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.
B. The "Building Elevations and Floor Plans" exhibit attached as Exhibit K
to the Annexation Agreement is hereby expanded to permit the building elevations and
floor plans as depicted in Exhibit B of this amendment on Lot 133 of Copper Springs
Subdivision.
C. Exhibit "C-2", being the PSFR2 Planned Single Family Residence District
ordinance, is hereby amended as set forth in Exhibit C attached hereto and made a part
hereof by this reference. The City agrees to adopt said amended PSFR2 ordinance within
thirty (30) days following the entry into and execution of this amendment.
D. Future amendments to Exhibit "C-2" as described in Section C. of this
ordinance shall not require further amendment to the Annexation Agreement.
E. In the event of any conflict between the terms of the Agreement, the terms
of the First Amendment to the Agreement, and the terms of this Second Amendment to
the Agreement, the terms of this Amendment shall control. In all other respects, the
Agreement shall remain in full force and effect as originally written and as amended.
IN WITNESS WHEREOF, the Elgin Corporate Authorities and Owner have
hereunto set their hands and seals and have caused this instrument to be executed, by
their duly authorized officials and the corporate seal affixed hereto, all on the day and
year first above written.
[SIGNATURE PAGE FOLLOWS]
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CITY: OWNER:
CITY OF ELGIN, a municipal corporation Pulte Group, LLC
By: By:
Mayor
Its:
Attest:
By:
City Clerk
F:\Legal Dept\Agreement\Annexation-Copper Springs-2nd Amend-Pet 40-13-clean 1-15-14.docx
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