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15-162 Resolution No. 15-162 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH LAZAR BROTHERS ENTERPRISES, INC. D/B/A OASIS ON 20 (3191 U.S. Highway 20) WHEREAS,the owners of record of certain territory described in Exhibit A,attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is not a part of any other municipality; and WHEREAS, no electors reside on the subject territory; and WHEREAS,the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held aft due notice as required by law and all persons appearing and wishing to testify concerning the Proposed annexation agreement have been heard; and WHEREAS,it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Major and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf 4 fthe City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 16, 2015 Adopted: December 16, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 16th day of December ,2015, 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 Lazar Brothers Enterprises, Inc.,an Illinois corporation,D/B/AI:Oasis on 20,(hereinafter referred alternatively as the"Owner"or "Developer"). WHEREAS, Owner is the owner of record of the real property described in Exhibit "A", which is attached hereto and made a part hereof(which real property, for convenience, is hereafter referred to as the"Subject Property")and which real estate is not within the corporate limits of any municipality but is contiguous to the corporate limits of the City of Elgin; and WHEREAS, Owner desires to annex the Subject Property to the City upon terms and conditions recited in this agreement; and WHEREAS, Owner, after'',full consideration, recognizes the many advantages and benefits resulting from the annexation of the Subject Property to the City; and WHEREAS, the Subject Property constitutes territory which is contiguous to and may be annexed to the City of Elgin as provided in Article 7 of the Illinois Municipal Code(65 ILCS 5/7-1-1 et seq.); and WHEREAS,the Subject Property is located within the Pingree Grove and Countryside Fire Protection District, and whereas each of the Trustees of said District was 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 Subject Propert ,and whereas an affidavit that service of the said notice had been provided has been filed with the County Recorder; and WHEREAS, the Subject Property is located within Elgin Township, and whereas the Township Commissioner of Highways and each of 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 Subject Property. 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 Annexation Agreement,and have caused due notice to be made of said public hearing through publication in the Daily Herald, 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 the annexation of the Subject Property 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 zoning of the Subject Property. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the sufficiency of which is,hereby acknowledged,the parties hereto hereby agree as follows: 1. This 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. 2. The Corporate Authorities, within 30 days following: (a) the execution of this Agreement, (b) the receipt of a urrent title report verifying the owner of record of the Subject Property by the City Clerk, (c)the filing of Owner's Petition for Annexation in form and substance as required by law,(d)the receipt of a certified copy of the ordinance annexing the Subject Property to the Fox River Water Reclamation District("FRWRD"),and(e)the receipt by the City of Owner's payment of the disconnection fed to the Pingree Grove and Countryside Fire Protection District referred to in Section 33 hereof, shall pass an ordinance annexing the Subject Property to the City. The Annexation Plat for the subject ordinance shall be in the form of Exhibit B attached hereto and made a part hereof. 3. A. Immediately after the passage of the ordinance annexing the Subject Property, as provided in paragraph 2 hereof, the Corporate Authorities shall pass or adopt the following ordinances and resolution: i. an ordinance zoning the property within a PAB Planned Area Business District in the form attached hereto in Exhibit C. ii. a resolution approving the Development Site Plan for the Subject Property prepared by Northwestern Engineering Consultants P.C., dated April 23, 2014, and last revised on July 22,2015,(hereinafter referred to alternatively as "Development Plan"or"Development")a copy of such Development Site Plan being attached hereto as Exhibit D. B. Except as otherwile provided for in this agreement no changes or amendments in the zoning ordinance of the City which shall directly or indirectly adversely affect the use or development of the Subject Property shall be of any effect unless applicable to all comparable areas of the City. C. The Subject Property and the Development contemplated herein shall be developed in substantial conformance with the Development Plan. Engineering for the Subject Property and the Development contemplated herein shall be in substantial conformance with the Preliminary Engineering Plans prepared by Northwestern Engineering Consultants, dated April 23, 2014, last -- 2 -- revised July 22, 2015, attached hereto as Exhibit E (hereinafter referred to as the "Preliminary Engineering Plans"). The City and the Owner agree to make reasonable modifications to the Development Plan,subdivision peat,Preliminary Engineering and/or the landscaping plans to solve engineering,layout and/or design problems not reasonably foreseeable at the time of the execution of this Agreement, provided that such changes are in substantial conformance with the approved Development Plan, and do not substantially increase the commercial development which may be constructed on the Subject Property as contemplated in the Development Plan. The parties agree that changes to planned developments provided for in Elgin Municipal Code Section 19.60.200, as amended, may be approved by the City's Development Administrator without public hearings and without formal amendment to this agreement. D. Developer shall be allowed to seek final approval for the subdivision of portions of the Subject Property as depicted in the Development Plan and shall not be required to submit a final plat thereof as a single unit,but may submit for approval in accordance with applicable ordinances of the City such plats for phased development of the Subject Property as the Developer may determine, and as the City may approve. The City shall approve final plats of a planned development, subdivision or resubdivision as 'Submitted if such plat or plats are consistent with (i) applicable ordinances,(ii)sound engineering practices(iii)the approved Development Plan and the Preliminary Engineering Plans, and (iv)the terms and conditions of this Agreement. E. Developer shall be responsible at its cost for the construction and installation of those off-site and on-site public improvements and utilities consisting of storm sewers, sanitary sewers, water mains, streets and appurtenant structures as are needed to adequately service the Subject Property in accordance with applicable City ordinances and requirements and as are depicted on the Preliminary Engineering Plans fqr the Subject Property. Notwithstanding anything to the contrary in this agreement, all utilities including, but not limited to, water, sanitary sewer, storm sewer, telephone, electric, gas and cable television lines, as are needed to service the Subject Property, whether offsite or onsite, shall be installed underground at Owner and Developer's cost. Additionally, and notwithstanding anything to the contrary in this agreement, all existing above ground utilities on the Subject Property or adjacent thereto, including but not limited to, electric, telephone and cable television lines, shall be relocated underground at Owner and Developer's cost. Except as otherwise specifically'provided herein, public improvements shall be required only for those areas which are included in each final plat or plats of planned unit development, subdivision, or resubdivision except for such off-site public improvements, including but not limited to water main loops, sanitary sewer facilities, and storm water management facilities as the City may reasonably require based upon generally accepted engineering standards. Adequate security as provided by law shall also be furnished by Developer for any such improvements. Developer shall dedicate to the City, and, the City shall accept, all municipal utility easements, including water, sanitary sewer, and storm sewer easements to detention/retention facilities,if any, included in each phase of the project and shall alsb grant easements to applicable utility companies for gas, electric, telephone,and cable television;all of such easements and facilities shall be consistent with the City ordinances and practices regulating condition, placement, use and size of easements. -- 3 -- 4. Owner represents that off-site utility easements required to service the Subject Property are described on Exhibit F. The City agrees that in the event Owner is unable to obtain said utility easements over,under, across,or through property not owned by the City or under the City's control which may be necessary or appropriate for the development of the Subject Property at a cost and on conditions acceptable to Qwner; the City shall use, to the full extent permitted by law, its eminent domain power to secure all easements. Prior to commencing any condemnation action, Owner shall submit,for City review and approval written documentation demonstrating that Owner has pursued reasonable alternatives for the acquisition of such easements, and Owner shall deposit with City the amount of funds necessary to pursue eminent domain action. All such actions and acquisitions by the City shall be at no cost to the City, which costs shall be borne solely by the Owner. The City shall issue no building permits until the required utility easements have been secured and recorded. 5. A. Owner and Developer shall comply with the Elgin Municipal Code Title 17-- Development Impact Fees,as amended,and pay the fees when due as required therein. Owner and Developer shall also comply with City of Elgin Ordinance No.G3-02,as amended,and shall pay to the City the public safety building capital improvement contribution as required therein. Owner/Developer hereby represent and agree that they are paying the fees and contributions to the City provided for in this paragraph and this Agreement as an inducement to the City to annex the Subject Property. Owner/Developer further agree that the contemplated fees and cash contributions to the City for the improvements or undertakings which may ultimately be constructed or performed by the City with such fees and cash contributions are acknowledged and agreed to be specifically and uniquely attributable to the future development of the Subject Property and the public improvements or undertakings contemplated by such fees and cash contributions will not otherwise be anticipated by the City absent the annexation of the Subject Property. Owner and Developer on behalf of themselves and their successors,assigns and the grantees of their properties,further hereby acknowledge the propriety,necessity,and legality of the fees and contributions provided for in this paragraph and in this Agreement,as same may be amended by the City,and do further hereby agree and do waive any and all rights to any and all legal or other challenges or defenses to the fees and contributions provided for in this paragraph and in this Agreement and hereby agree and covenant on behalf of themselves and their successors,assigns and grantees of their properties not to sue the City or maintain any legal action or other defense against the City with respect to such fees and contributions. B. The calculation of the City's impact fees and contributions under current City ordinances and policies is attached hereto as Exhibit G. Notwithstanding anything to the contrary in this Agreement,it is agreed and understood that the Subject Property and the Owner and Developer and their successors and assigns shall be subject to and shall be required to pay any and all new and/or increased fees and/or other contributions adopted by the City. Owner and Developer on behalf of themselves and their successors, assigns and the grantees of their properties, hereby acknowledge the propriety,necessity and the legality of any such new and/or increased fees or other contributions and do further hereby agree and do waive any and all rights to any and all legal or other challenges or defenses to any such new and/or increased fees and/or contributions and hereby agree and covenant on behalf of themselves and their successors, assigns and grantees of their -- 4 -- properties not to sue the City or maintain any legal action or other defense against the City with respect to any such new and/or increased fees and/or contributions. Notwithstanding anything to the contrary in this Agreement, it is further agreed and understood that in no event and under no circumstances shall the Owner and/or Developer and/or their successors and assigns pay fees and/or other contributions less than the amounts in effect as of the entry into this Agreement. Nothing herein prevents the Developer from prepaying any impact fees in order to avoid subsequent impact fee increases. 6. INTENTIONALLY OMITTED. 7. Owner and Developer shall cause all portions of Subject Property depicted on a Development Plan as wetlands, screening berms and entry ponds,common open space area,storm water retention areas, and dry detention areas either to be retained by Owner or to be conveyed to a Property Owners Association or associations consisting of the owners of all property located in areas designated by Owner; unless said areas are to be dedicated for public ownership and maintenance at the City's request. A Declaration or Declarations of Covenants, Conditions and Restrictions requiring that the Association or associations own and maintain areas conveyed thereto shall be submitted to the City's Corporation Counsel for review and approval prior to final plat approval, said Declaration to be filed for recording, at Owner's expense, with the final plat of the applicable phase of Subject Property as Owner may determine. 8. Except as specifically permitted pursuant to variation or planned development approval, or paragraphs 9 and 10 of this Agreement, all aspects of the development and use of the Subject Property and construction and installation of improvements thereon, both on-site and off- site, shall comply fully with all applicable City ordinances and codes. 9. If during the term of this Agreement and after final plat or planned development approval, any existing, amended, modified or new ordinances, codes or regulations of general applicability throughout the comrl1unity to a land developer or subdivider affecting the installation of land improvements (streets, underground utilities, sidewalks, curbs and gutters) upon the Subject Property are amended or modified in any manner to impose additional requirements on the installation of land improvements within the City,the burden of such additional requirements shall not apply to the Subject Property. This paragraph shall not apply to any changes and/or increases in fees and/or contributions imposed by the City. 10. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of improvements,buildings or appurtenances or other regulatory ordinances regarding the public health, safety and welfare are amended or modified in any manner to impose less restrictive requirements on the development of, or construction upon, properties within the City, then the benefit of such less restrictive requirements shall inure to the benefit of Owner, and anything to the contrary contained herein notwithstanding, Owner may elect to proceed with respect to the development of, or construction upon, the Subject Property upon the less restrictive amendment or modification applicable generally to all properties within City. -- 5 -- 11. City hereby agrees to allow Owner to tie into the existing sanitary sewer lines of the City, at Owner's expense, subject to payments required under any recapture and/or reimbursement ordinances heretofore or hereinafter adopted by the City,and with payment of all applicable fees.At Owner's expense, City agrees to cooperate with Owner in obtaining all necessary Illinois Environmental Protection Agency(IEPA)permits required for such sanitary sewer systems and tie- ins. Owner shall bear all costs for extensions, tie-ins, and permits consistent with applicable City ordinances. Owner shall be responsible for the extension of sewer lines to the far edges of the Subject Property subject to review and approval by the City Engineer. Owner shall install sewer line extension improvements on the Subject Property in compliance with the Final Engineering Plan approved by the City Engineer for each phase of the development. Notwithstanding anything to the contrary in this Agreement, the ''design, plan review, construction, construction inspection and construction administration for any interceptor sanitary sewer(s) to be constructed in conjunction with the development of the Subject Property,whether offsite or onsite,shall also be in compliance with the Far West Interceptor Sewers Policy for inspections and construction,dated April 30,2003. 12. City hereby agrees to allow Owner to tie into the existing water lines of the City, at Owner's expense, subject to payments required under any recapture and/or reimbursement ordinances heretofore or hereinafter adopted by the City,and with the payment of applicable fees. At Owner's expense, City agrees to cooperate with Owner in obtaining all necessary Illinois Environmental Protection Agency(IEPA)permits required for such water main extensions and tie- ins. Owner shall bear all costs for extensions, tie-ins and permits consistent with applicable City ordinances. Owner shall be responsible for the extension of water mains to the far edges of the Subject Property subject to review and approval by the City Engineer. Owner shall install water line extension improvements on the Subject Property in compliance with Final Engineering Plans approved by the City Engineer for each phase of the development. 13. Upon review and recommendation by the City Engineer,the City Council shall accept all public rights-of-way and improvements located thereon, sanitary sewers, storm drainage sewers and water mains lying within public rights-of-way or public easements on the Subject Property. Any improvements located in private rights-of-way shall be installed in easements dedicated for and acceptable to the City. The sewer and water service lines (from the buffalo box to the commercial unit(s))shall not be owned or maintained by the city. Owner shall replace or repair damage to public improvements installed within, under or upon the Subject Property resulting from construction activities by Owner and its employees, agents, contractors and subcontractors prior to final acceptance by the City, but shall not be deemed hereby to have released any such other part from liability or obligations in this regard. Acceptance of public improvements by the City shall be consistent with applicable City ordinances. 14. Owner and Developer shall comply with City of Elgin Ordinance No. G20-03, as amended,establishing a policy for the Far West Area for Development Contributions for Roadways and shall pay such contributions to the City when due as required therein. Owner and Developer hereby represent and agree that they are contributing such roadway improvement contributions to the City as an inducement to the City to annex the Subject Property. Owner and Developer further agree that the contemplated cash contributions to the City for roadways and the road improvements which -- 6 -- may ultimately be constructed by the City with such cash contributions are acknowledged and agreed to be specifically and uniquely attributable to the future development of the Subject Property and the public improvements contemplated by such cash contributions would not otherwise be anticipated by the City absent the annexation of the Subject Property. Owner and Developer on behalf of themselves and their successors, assigns and the grantees of their properties, further hereby acknowledge the propriety, necessity, and legality of the roadway improvement contributions as provided for herein,as same may be amended by the City,and do hereby further agree and do waive any and all rights to any and all legal or other challenges or defenses to such roadway contribution and hereby agree and covenant on behalf of themselves and their successors,assigns and the grantees of their properties, not to sue the City or maintain any legal action or defense against the City with respect to such roadway contributions. Said roadway contributions shall be paid on a per unit basis (per building) concurrent with the issuance of a building permit. 15. All structures to be constructed on the Subject Property shall be designed,constructed and maintained in conformance with the requirements of the planned development ordinance(s) enumerated in paragraph 3 hereof. The Declaration of Covenants, Conditions and Restrictions referred to in Paragraph 7 hereof shall include and incorporate the design and construction requirements of the planned development ordinances. The Declaration or Declarations of Covenants,Conditions and Restrictions shall also include provisions that any proposed amendments to the provisions relating to the design,construction and/or maintenance of structures on the Subject Property shall require the advanced approval of the City of Elgin and that the provisions relating to the design, construction and/or maintenance of structures on the Subject Property shall also be enforceable by the City of Elgin. 16. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein contained. Notwithstanding the foregoing,or anything else to the contrary in this agreement, no action shall be commenced by the Owner and/or Developer, or any of their successors, assigns, and/or the grantees of their properties, against the City, its officials, officers, employees, agents, attorneys or any other related entity of person, for monetary damages. 17. This Annexation Agreement shall be in effect for a period of twenty(20)years from the date of execution hereof and shall be binding upon and inure to the benefit of the parties hereto, and their heirs, successors and assigns of all or any part of the Subject Property. 18. Owner shall be responsible for costs associated with filing and recording of the plat of annexation and any plat or plats of subdivision or planned development for the Subject Property. 19. If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such a court shall determine that the City does not have the power to perform any such provisions, such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. Such judgment or decree shall relieve the City from performance under such invalid provision of this Agreement. -- 7 -- 20. This Agreement can be amended,in writing,at any time,by the mutual consent of all parties to this Agreement, in the manner provided by law. 21. After the annexation of the Subject Property to the City,it is agreed that the City shall create and establish a Special Service Area for the Subject Property pursuant to 35 ILCS 200/27-5,et seq., as amended, to provide the City with the source of revenue for maintaining, repairing, reconstructing or replacing the stormwater drainage system, detention and retention areas, special management areas or other improvements located on the Common Area of the Subject Property should the Owner or the property owners association owning the land on which such facilities or improvement are located fail to perform maintenance, repair, reconstruction or replacement in accordance with City ordinances or other applicable requirements of law. The Owner and any of the Owner's successors in interest agree to and do hereby waive any and all protests,objections and/or rights to petition for disconnection regarding such Special Service Area for the Subject Property. The Special Service Area is for the exclusive purpose of creating a revenue source to the City for the referenced maintenance,repairs,reconstruction or replacement and are not intended and shall not be construed to create an obligation of the City to provide for such maintenance,repairs,reconstruction or replacement. 22. INTENTIONALLY OMITTED. 23. Whenever consent or approval of the City is required in order for Developer to accomplish the purpose and intent hereof, such consent shall not be unreasonably withheld, conditioned,or unduly delayed. If such consent or approval is denied, such denial shall be in writing and shall specify the reason or reasons for such denial. 24. Except as may be required pursuant to the Kane County stormwater management ordinance, the City shall issue no stop orders directing work stoppages on buildings or parts of the Subject Property without setting forth the alleged violations in writing,and Developer shall forthwith proceed to correct such violations as may exist. 25. The City agrees to issue,within a reasonable time after initial submission,review,and approval of building construction plans, and the payment of required building permit fees and all other applicable fees, all necessary building and other permits for the construction of any and all improvements on the Subject Property or issue a letter of denial within said period of time informing Developer and the applicant as to wherein the application does not conform to the stated section of the Code. The issuance of a building permit, in and of itself, shall not be construed as a guarantee that a Certificate of Occupancy shall be issued,it being the intention of the parties that the issuance of a Certificate of Occupancy shall be subject to the provisions of Paragraph 26 hereof 26. The City agrees to issue Certificates of Occupancy within a reasonable time after application or to issue a letter of denial within said period of time informing Developer and the individual or entity to whom the building permit was issued specifically as to those corrections necessary as a condition to the issuance of a Certificate of Occupancy and quoting the section of the Code relied upon by the City in its request for correction. The City agrees that Certificates of Occupancy(temporary or permanent,as the case may be)shall be issued upon(a)proper application -- 8 -- of the appropriate party, (b) compliance with all applicable building codes, zoning ordinance requirements and other applicable requirements of law,and(c)receipt and approval by the City of a performance bond(or a suitable alternative such as an irrevocable letter of credit or a cash deposit) covering one hundred twenty-five(125%)percent of the cost of any incomplete site work. The City shall allow one master bond at a mutually agreed upon amount to cover any incomplete work for multiple numbers of dwelling units, which amount shall be increased in the event the City determines that the amount of the bond is insufficient. 27. A. It is understood that prior to the construction of any streets or any other public improvements, Developer shall submit the required plans, final plat, specifications and engineer's estimate of probable cost, for approval by the City Engineer, as provided herein, after which and upon providing the required surety bond, the Developer may proceed to construct said streets and other public improvements. Upon installation of the asphalt base course and upon completion of other portions of the improvements,the security shall be reduced to an amount which,in the opinion of the City Engineer, is sufficient to ensure completion of the work yet to be performed. B. The acceptance of public improvements by the City shall(i)be accomplished within a reasonable time after notice of completion by Developer and full compliance with applicable codes and ordinances, (ii) follow the posting by Developer of a guarantee bond acceptable to the City in accordance with applicable ordinances, and(iii)be made only by the passage of a resolution by the City Council of the City after filing with the City Clerk of a certificate by the City Engineer certifying that all such improvements have been completed and the construction or installation thereof has been approved by him. If appropriate under the circumstances, such acceptance shall be in phases, as such phases are complete. C. From and after the acceptance of any public improvements by the City, such public improvements shall be maintained,reconstructed,repaired,and replaced by the City and all cost and expense of operation, maintenance, repair, reconstruction, and replacement of such public improvements shall be the sole responsibility of the City. Warranty period bonding or a suitable alternative(such as an irrevocable letter of credit or a cash deposit)shall be provided in accordance with ordinances of the City. D. It shall be a condition to the City's obligation to accept dedication of any public improvement that the dedication of such improvement be accompanied by the grant of appropriate easements to permit the City to carry out its responsibilities with respect to such improvements. 28. The parties hereto agree that there has been taken all action required by law,including the holding of such hearings as may be required, to bring about the amendments to the Zoning Ordinance of the City and other related ordinance amendments as may be necessary or proper in order to zone and classify the Subject Property so as to enable the same to be used and developed as contemplated herein and to enable the parties to execute this Agreement and fully carry out the covenants, agreements, duties, and obligations created and imposed by the terms and conditions hereof. 29. A.Notwithstanding anything to the contrary in this Agreement,and in addition to any other fees,contributions and other recaptures and/or reimbursements due or which may become due -- 9 -- from the Owner and/or Developer, Owner and Developer hereby consent and agree on behalf of themselves, and each of their respective successors,assigns and grantees of the Subject Property to pay the recapture and/or reimbursement for the costs of a portion of any off-site public improvements constructed by the City and/or others,including,but not limited to,storm sewers,sanitary sewers,lift stations, water mains, and/or streets, and appurtenant structures, pursuant to any recapture and/or reimbursement ordinance(s) heretofore or hereinafter adopted by the City and in such amounts as determined by the City. B. Notwithstanding anything to the contrary in this agreement, and in addition to any other fees,contributions and other recaptures and/or reimbursements due or which may become due from the Owner and/or the Developer,Owner and Developer hereby consent and agree on behalf of themselves,and each of their respective successors, assigns and grantees of the Subject Property to pay the reimbursement for the cost of a portion of the Otter Creek Interceptor sewer and water mains as set forth in City of Elgin Ordinance No.T26-05. Payment shall be made prior to the recording of the final plat of subdivision for each phase within the Subject Property and shall be calculated based on the number of dwelling units or acres in the subject final plat of subdivision, all as set forth in Ordinance No. T26-05. C. Notwithstanding anything to the contrary in this agreement, and in addition to other fees,contributions and other recaptures and/or reimbursements due or which may become due from the Owner and/or the Developer, Owner and Developer hereby consent and agree on behalf of themselves,and each of their respective successors,assigns,and grantees of the Subject Property that the Subject Property shall be subject to and that all of the owners of any portion of the Subject Property with sanitary sewer and/or water service shall pay to the City of Elgin a monthly surcharge and additional fee on sewer charges and rates and water charges and rates otherwise charged for the City of Elgin as set forth in City of Elgin Ordinance No. T36-06, as amended. D. Notwithstanding anything to the contrary in this agreement, and in addition to other fees, contribution and other recaptures and/or reimbursements due or which may become due from the Owner and/or the Developer, Owner and Developer hereby consent and agree on behalf of themselves,and each of their respective successors,assigns,and grantees of the Subject Property to make payments pursuant to recapture Ordinance No. T23-05 providing for the allocation and reimbursement from benefitted parties of the cost of a portion of the Otter Creek interceptor sewer. Payment shall be made prior to the recording of the final plat of subdivision for the Subject Property and shall be calculated as set forth in Ordinance No. T23-05. E. Owner and Developer on behalf of themselves and their successors, assigns and the grantees of their properties, hereby acknowledge the propriety, necessity and the legality of the recaptures and/or reimbursements referred to in this paragraph in this Agreement, heretofore or as may be hereinafter by the City adopted by the City,and do hereby further agree and do waive any and all rights to any and all legal or other challenges or defenses to such recaptures and/or reimbursements and covenant on behalf of themselves and their successors,assigns and the grantees of their properties,not to sue the City and/or any other person or entity or maintain any legal action or defense against the City and/or any other person or entity with respect to any such recaptures and/or reimbursements. -- 10 -- 30. A. Prior to the commencement of the construction and final plat approval for each unit,the Developer shall submit to the City Zoning Administrator a plan showing the location of all proposed temporary construction and sales trailers/offices,including parking areas,fencing,signage and landscape treatment. Said plan shall also indicate the one general location of where all construction and material storage trailers other than the trailers for the sales office shall be located. The Developer shall be permitted One construction trailers and One material storage trailers. The Developer shall have the right to use the construction and material storage trailers for the purpose of its construction and sales activities until construction is completed on the Subject Property. The Developer shall keep such area free of debris and rubbish and keep the area free of weeds and in a mowed condition,and the City may inspect such area from time to time to determine that Developer is in compliance with its obligations hereunder. B. Construction of temporary facilities shall be in compliance with the provisions of the City's building code,except that sewer and water need not be connected to the temporary facilities. Paved drives and parking areas (weather permitting) shall be provided to accommodate vehicular access to all temporary sales trailers/office facilities. The Developer agrees to hold the City harmless for any liability associated with the installation and operation of any temporary facilities. 31. Intentionally Omitted. 32. INTENTIONALLY OMITTED. 33. Notwithstanding anything to the contrary in this Agreement,not more than thirty(30) days following the entry into this Agreement and prior to the annexation of the Subject Property and prior to any building permits or other development approvals being issued for the Subject Property, Owner and Developer agree to and shall pay to the Pingree Grove and Countryside Fire Protection District a disconnection fee in the amount of$225 per acre for the Subject Property. The total acreage for such per acre disconnection fee shall be the total acreage of the Subject Property to be annexed including, but not limited to, any adjacent right-of-way areas to be annexed, all as determined by the City. Owner and Developer shall pay such disconnection fee by tendering a check payable to the Pingree Grove and Countryside Fire Protection District to the City of Elgin. Such disconnection fee shall be in lieu of the disconnection fee otherwise provided for pursuant to 70 ILCS 705/20(e). Owner and Developer on behalf of themselves and their successors, assigns and grantees of their property hereby acknowledge the propriety, necessity, and legality of such disconnection fee and do further hereby agree and do waive any and all rights to any and all legal or other challenges or defenses to such disconnection fee provided for in this section and hereby agree and covenant on behalf of themselves and their successors, assigns and grantees of their properties not to sue the City or maintain any legal action or other defense against the City with respect to such fee. 34. This Agreement is and shall be deemed and construed to be the joint and collective work product of the City and Developer and,as such,this Agreement shall not be construed against any party,as the otherwise purported drafter of same,by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict in terms or provisions, if any, contained herein. -- 11 -- 35. Notwithstanding anything to the contrary contained in Paragraph 16 of the Agreement, it is agreed that the parties hereto shall have the following rights and remedies in the event of a breach or default hereunder. (a) enforce or compel the performance of this Agreement, at law or in equity by suit, action, mandamus, or any other proceeding, including specific performance; (b) maintain an action to recover any sums which the other party has agreed to pay pursuant to this Agreement and which have become due and remain unpaid for more than 15 days following written notice of such delinquency. It is expressly acknowledged and agreed that except as provided in subparagraph(b)above, neither party shall have the right to seek or recover a judgment for monetary damage against the other or their respective officers, directors, employees, agents or elected public officials. 36. This Agreement is adopted pursuant to the provisions of the Illinois Municipal Code; provided,however,that any limitations in the Illinois Municipal Code in conflict with the provisions of this Agreement shall not be applicable, and as to all such provisions the City hereby exercises its powers pursuant to the provisions of Article VII, Section 6 of the Constitution of the State of Illinois. Simultaneously with the annexation of the Subject Property and without further public hearings,the City agrees, to the extent it may lawfully do so, to adopt such ordinances as may be necessary to effectuate the use of its home rule powers. The City recognizes and agrees that the entry into this Agreement, the annexation of the Subject Property to the City, and the zoning of the Subject Property as set forth in Paragraph 3 hereof,are upon the express reliance by Developer that the terms and provisions of this Agreement shall be valid for the term set forth in Paragraph 17 hereof and that the City shall take no action which shall in any way be contrary to, or inconsistent with, the terms and provisions of this Agreement. 37. The provisions contained herein shall survive the annexation of the Subject Property and shall not be merged or expunged by the annexation of the Subject Property or any part thereof to the City. This Agreement shall be construed under the laws of the State of Illinois. The parties agree that venue shall be proper only in the Circuit Court for the Sixteenth Judicial Circuit,Kane County, Illinois. 38. INTENTIONALLY OMITTED. 39. Notices or other writings which any party is required or may wish to serve upon any other party in connection with this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier, prepaid, addressed as follows: If to the City or to the Corporate Authorities: -- 12 -- City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: City Clerk With a copy to: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: Corporation Counsel If to Owner/Developer: Lazar Brothers Enterprises, Inc. DBA: Oasis on 20 15 North 454 Route 47 Pingree Grove, IL. 60140 With a copy to: N/A 40. If the Subject Property, or portions thereof, are currently used for the planting, harvesting,housing,storage and selling of soil grown crops then the Subject Property or the portions thereof used for such purposes may continue to be used from time to time for the planting, harvesting, housing, storage and selling of soil crops grown on the Subject Property as lawful nonconforming uses until such time as another use allowed under the City of Elgin Zoning Ordinance is established or until it is under development as provided herein. 41. It is agreed that time is of the essence of this Agreement and each and every term and condition hereof and that the parties shall make every reasonable effort to expedite the matters included herein. 42. The City and Developer agree to take all steps necessary or appropriate to carry out the terms of this Agreement and to aid and assist the other party, including enactment of such resolutions and ordinances and the taking of such other actions as may be necessary or desirable to enable the parties to comply with and give effect to the terms of this Agreement. 43. This Agreement shall insure to the benefit of,and be binding upon,the parties hereto, the successors in title of the Owner and Developer, and each of them, their respective successors, grantees, lessees, and assigns, and upon successor corporate authorities of the City and successor municipalities. -- 13 -- 44. This Agreement may be executed in any number of counterparts and duplicate originals, each of which shall be deemed an original, but all of which shall constitute one and the same instruments. 45. This Agreement constitutes a covenant running with the land composing the Subject Property, binding upon the parties hereto, the successors in title of the Owner and Developer and each of them, all grantees, successors, and assigns of the respective parties hereto, including successor corporate authorities and successor municipalities of the City. The City may record a memorandum of annexation agreement placing of record the terms,provisions and obligations of this Agreement. 46. In the event any phrase,paragraph,article or portion of this Agreement is found to be invalid or illegal by any court of competent jurisdiction, such finding of invalidity as to that portion shall not affect the validity, legality or enforceability of the remaining portions of this Agreement. 47. The Owner and/or Developer and any of the Owner and/or Developer's successors in interest shall not file, cause to be filed, or take any action that would result in the disconnection or deannexation of the Subject Property from the City of Elgin during the term of this Agreement. Without limiting the foregoing, the Owner and Developer on behalf of themselves and any of their grantees and successors in interest hereby waive any and all rights, statutory or otherwise, to disconnect the Subject Property from the City of Elgin. 48. It is agreed that in the event the Owner and/or Developer and/or or any of the Owner and/or Developer's grantees and successors in interest, propose to amend the PAB Planned Area Business District zoning ordinance referred to in Paragraph 3 of this Agreement, above, then any such proposed rezoning or amendment to such zoning ordinances shall require the amendment of this Agreement upon the terms and conditions which are acceptable to the City, in the City's sole discretion. However, with respect to the requirement of the Owner's signature only the written approval of the legal titleholder of the interest in the property affected by the amendment shall be required to effect the initiation of a proposed amendment to this Agreement. 49. It is agreed and understood that the City may adopt and ordinance prohibiting parking on any public streets to be constructed on the Subject Property each day from 2:00 a.m.to 6:00 p.m. In the event the City so elects to adopt such an ordinance so restricting parking on public streets on the Subject Property, the Owner and/or Developer at its costs shall provide for and install signage regarding such parking prohibition throughout the Subject Property as directed by the City Engineer. 50. INTENTIONALLY OMITTED. 51. INTENTIONALLY OMITTED. 52. Notwithstanding anything to the contrary in this Agreement,and in addition to other requirements imposed by the City,in the event the Subject Property is adjacent to or abuts any State of Illinois highway, route, road or right of way(a "State Highway")Owner and Developer agree as -- 14 -- follows: A. In the event the development of the Subject Property provides for any new means of access from a Subject Property to any abutting State of Illinois Highway or proposes to enlarge or extend any existing means of access from the Subject Property to an abutting State of Illinois Highway,or otherwise requires an access permit from the State of Illinois or the Illinois Department of Transportation for a State of Illinois Highway, Owner and Developer agree that Owner and Developer shall be solely responsible at their cost for applying for and obtaining from the State of Illinois and/or the Illinois Department of Transportation any and all permits necessary authorizing access from the Subject Property to such a State of Illinois Highway. B. Owner and Developer shall also be responsible for the dedication of any additional right of way at no cost to the State of Illinois and/or the City and for the design and construction at their cost for any improvements necessary or required to obtain access from the Subject Property to the adjacent or abutting State of Illinois Highway including, but not limited to, any widening, additional lanes and/or signalization. C. Owner and Developer shall also dedicate at no cost to the State of Illinois and/or the City such additional right of way for future improvements to such adjacent or abutting State of Illinois Highway as determined by the City Engineer. Such additional right of way dedication for such State of Illinois Highway(s)for future improvements thereto as determined by the City Engineer shall be incorporated into the final engineering plans for the Subject Property and the final plat of subdivision as approved by the City Engineer or,if directed by the City Engineer,shall be made upon the request of the City Engineer prior to approval of final engineering and the final plat of subdivision for the Subject Property. The plat of dedication providing for such dedication shall be in a form as approved by the City Engineer. 53. Owner and Developer shall provide to the City upon request of the City a written status report regarding the development of the Subject Property with information therein as requested by the City which may,include among other matters,the current status of sale activities with respect to the subject development of the Subject Property. 54. To the fullest extent permitted by law, Owner and Developer agree to and shall indemnify, defend and hold harmless the City, its officials, officers, employees, attorneys, agents, boards and commissions from and against any and all third party claims, suits,judgments, costs, attorney's fees,expert witness fees and expenses,damages or other relief,in any way resulting from or arising out of or alleged to be resulting from or arising out of the existence of this Agreement,the provisions of this Agreement, the performance of this Agreement, the annexation of the Subject Property, the zoning of the Subject Property, the development approvals provided for in this Agreement and/or any other actions of the parties hereto provided for or arising from this Agreement. In the event of any action against the City,its officials,officers,employees,agents,attorneys,boards or commissions covered by the foregoing duty to indemnify, and defend and hold harmless, such action shall be defended by legal counsel of the City's choosing the cost of which shall be paid for by the Owner and Developer. Additionally, in the event of such third party action the Owner and -- 15 -- or commissions covered by the foregoing duty to indemnify, and defend and hold harmless, such action shall be defended by legal counsel of the City's choosing the cost of which shall be paid for by the Owner and Developer. Additionally, in the event of such third party action the Owner and Developer agree to the extent permitted by law upon the written request from the City to attempt to intervene in such proceedings and at Owner and Developer's expense to join the City in the defense thereof. 55. Owner and Developer on behalf of themselves and their respective successors, assigns and grantees of their properties,hereby acknowledge the propriety,necessity and legality of all of the terms and provisions of this Agreement,including but not limited to,the zoning ordinances referred to in this Agreement and the various fees, contributions, recaptures, reimbursements, dedications and/or improvements provided for in this Agreement,and do further hereby agree and do waive any and all rights to any and all legal or other challenges or defenses to any of the terms and provisions of this Agreement and hereby agree and covenant on behalf of themselves and their successors,assigns and grantees of their properties not to sue the City or maintain any legal action or other defenses against the City with respect to any challenges of the terms and provisions of this Agreement. 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. CITY OF ELGIN, a municipal (OWNER) Corporation Lazar Brothers Enterprises, Inc. DBA: Oasis on 20• jar BY 2l ///_��, j i i By Mayor Attest: Attest: tat/(/6?/q/ ()(146 City Clerk rgwr raen,� s.c 2sa�vy C ;CIAL SEAL 1 11 H r NOTARY F Sl EC i J`JOIS id(COM!ASS?ON EXPIRES.OS/13,16 <+4:w~0.4.4 �vsar", o, •rte e":") F.\Legal Dept\Agreement\Annexation-Lazar Bros Enterprises dba Oasis on 20-clean 10-29-15.docx -- 16 -- EXHIBITS Exhibit A: Legal Description of Subject Property Exhibit B: Annexation Plat Exhibit C: PAB Zoning Ordinance Exhibit D: Development Site Plan Exhibit E: Preliminary Engineering Plans Exhibit F: omitted Exhibit G: Impact Fees • -- 17 -- Exhibit A LEGAL DESCRIPTION ATTACHMENT- US ROUTE 20 (LAKE STREET)AT NESLER ROAD (SWC) 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 the Northwest corner of the East Half of the Northeast Quarter of said Section;thence South along the "Eighty" line 16 chains, 50 links to the center of the State Road; thence South 64 Degrees 5 minutes East along the center of said road 8 chains 70 links for the place of beginning; thence South 311/2 degrees West 12 chains 1%2 links;thence North 64 degrees 5 minutes West 4 chains 39 links;thence North 31%2 degrees East 12 chains and 1%2 links to the center of the State Road;thence South 64 degrees 5 minute East along the center of said road 4 chains and 39 links to the place of beginning, (except 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 the; East Half of the Northeast Quarter of said Section 18;thence on an assumed bearing South 00 degrees 14 minutes 36 seconds East 1088.90 feet to the centerlineof U.S. Route 20;thence Southeast 283.06 feet along a curve to the left having a radius of 20,000.00 feet chord bears South 64 degrees 42 minutes 24 seconds, East 283.06 feet)on said centerline to the point of beginning;thence continuing 89.97 feet along a curve to the left having a radius of 20,000.00 feet(chord bears, South 65 degrees 14 minutes 28 seconds East 89.97 feet) on said centerline; thence South 65 degrees 22 minutes 12 seconds East 162.46 feet on said centerline of U.S. Route 20 to the centerline of Nesler Road;thence South 31 degrees 10 minutes 24 seconds West 800.46 feet on said centerline of Nesler Road;thence North 64 degrees 27 minutes 08 seconds West 33.16 feet to the West right of way line of Nester Road per Document Number 1365639;thence North 31 degrees 10 minutes 24 seconds East 732.21 feet on said West right of way line;thence North 34 degrees 19 minutes 42 seconds West 40.24 feet; thence Northwest 220.15 feet along a curve to the right having a radius of 30,105.95 feet (chord bears North 65 degrees 16 minutes 35 seconds West 220.15 feet);thence North 31 degrees 10minutes 52 seconds East 46.64 feet to the centerline of U.S. Route 20, said point also being the point of beginning) in Elgin Township, Kane County, Illinois Exhibit B MAP OF TERRITORY ANNEXED TO THE CITY OF ELGIN,KANE COUNTY,ILLINOIS OF PROPERTY DESCRIBED AS: That pan of the Nor..Quarter of section 18,Township 41 North,Range 8 Eaat of the Third Principal Mercian.deaated as Wows Commence g at the Natwaat comer of the Ent Half of the Northeast Quarter of said 55.00,theme So.along the'EgMy Nro 18 Uiain.50 links to the center of the State Road. thence South 64 degrees 5 minutes Ent along the Center of said reed 8 chains 70 inks for the place of beginning,thence South 31 35 degrees West 12 chains 1 'h inks'.thence No..64 d.9tees 5 thanes West 4 chain 39 Ilnks;thence North 31 A degrees East 12 rniba ad1'4 links to the center d the Stab Road. thence South 64 degrees 5 minutes East abrg the center Seal mad 4 chain and 39 links to the plena of begexwg,(except that part 00 the Nu3eest Queerer of Section 18,Tovn shg 41 North Range 8 Ent W the Th.d Prevent...Arian donned es id5w•.Cwmancerg el Cl iron pie al the Northwest corner of the * East Half of the NoMent Quarter of said Section 18,thence an en assumed beating South 00 degrees 14 mnnes 38 encode East 108890 bet to the ceneerine ■ NORTHWEST E CORNER of EAST:/2 of U.S.Route 20,thence Southeast 283.08 feet along a curve to the NR having•radius a 20000.00 feel Bison beats Bough 64 degrees 42 mkate.24 seconds 0.N - ASr t/4 OF SECTION I9-at-8 East 283.06 bet)on said Centedtra to the pant of baginnir9,thence co tnuirg 80.97 feet gong a curve b.bR having a radius of 20 000.00 feat Ichad bears i Sank 65 degrees 14 minutes 28 seconds East 8997 feet)on said centeoOe.tense So.65 degrees 22 mirotes 12 sends East 182 40 feet on said ro of U.S.Route 20 to the centerline of Neater Road.thence Sank 31 degrees 10 minutes 24 moons West 000.46 feel on sag cemadine W Nester bind; NE CF EAST 1/2 CF NOR'h- farce North 64 degrees 27 mutes 08 seconds Wen 33....I.o.W.night of way Iine M Neater Road per Document Number 1385839,thence Nth 31 FOOT I/O OF SEC'IDN 18-4;-9 degrees 10 minute 24 seconds Ess1732 21 feet on said West right of wry tee;Hence North 34 degrees 19 min.,42 second,West 40.24 feet.thence _ \ Northwest 220.15 feel Stag a verve to the Ogg havkg a Pius of 30.105 05 bet(chord been North 65 degrees 18 minutes 35 seconds West 220 15 feet). I' 40 thence No.31 degrees 10 mi.52 secants East 48.64 feat b the centedin e d U.S.Route 20.eatd pons esd beUg to point d beginning),in Elgin 1 0'SEED r15 u Twmship.Kara County,11100. o 0 ti NSA s � Nat F �\ e 2LY 5j, Q br0 OFD ---- 1-------1 /B3 \... Scsle yyyypQ l NOTE.DATA IN PARENTHESES ARE I.I,I ' \\ At DEED BEARINGS/DISTANCES FOR R 30105.95 \ \ I'" \3 L 21952 \ fn(` H y \�\ HIGHWAY EXCEPTION Po1Nr CH=Art ze tz•v x s BEGIN)C 6,635'v, \A\ HEREBY ANNEXED TO THE \ \\\\ CROSS INDICATES CRY OF ELGIN \ EXISTING CORPORATE LIMITS \ \\\\ P 5 OF THE CITY OF EL GIN , / \�' PIN NO 05/ 58-200-032 ,�\\F _ •caDSS HArtORI I c E3 / " 1 d\�\' 0 ? OF EXISTING CORPOR LIMITS \r A / •[ r' , OF THE err DR ELGIN g AREA OF PROPERTY 4.3531 ACRES 3? \ °, / (189,621 SO FT) �N. i A I / \ \ / '`\\ g-SNERLy RI6N pF v L'NE \\, ESNO 81365639 ER RE / \\\, STATE OF ILLINOIS) r/ \\•\ \' COUNTY OF KANE In A1I� \ \ This inebumere 81er 1a record n the Recorders Oahu of Kane Goan.oa the )� \ Day of ,2014 n Document No \ \ \\\•Y , J!� \ ,/\ \ \\ County Recorder r1Qpi .W4:V AVA, 4�,VA)'N 1 V.h \\\\\\\\\\\'''.4 ' V\�\\ `A \''.4 SURVEYOR'S CERTIFICATE STATE OF ILLINOIS) COUNTY OF.ASE)ra I,Charts J l el,an Nevis Profess1nat Land Survey,,do hereby certify that I Se plated the ebove de.aib.d prof.),fa the ponce.a everting erg propety'no the City of Elgin.an that to pmt dream hereon is a true and correct renresenlatlon of said property. Dated at Dundee.IBnns.thm Day of .A.D.,2014. PROPERTY OWNERS: Charles Hie-u3LSn700 My license expires November 30,2014 Professional Design Firm Lend Sunning Conpornon-Lcenf No.184-002863 Joseph Lazar,Ephrem Lazar,Jone Lazar, Edwar Lazar and Issa Lazar CITY COUNCIL CERTIFICATE STATE OF ILLINOIS) COUNTY OF KANE Ng Approved by the Gib Council of the City of Elgin,lanais. Dated et Egn,Illinois,the_day of A.D..2014 By Meyer of Eger.Ilf as By Ciy Clerk of Elfin.mind. The Plata being recorded by Prepared 6J. Harm Alan I.Coulson,P.C. Professional Land Surveyors Add'°a` 645 S.8th Street,(Rte.31), West Dundee,Illinois 60118 JOB NO.C 35,442 ANNEX Phone:(847)426-2911 Ordinance No. Gxx-15 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (3191 U.S. Highway 20 The Lazar Brothers D/B/A: Oasis on 20) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory within a PAB Planned Area Business District; and 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 Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described property: "The boundaries herein before laid out in the `Zoning District Map', as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described property:" 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 the Northwest corner of the East Half of the Northeast Quarter of said Section; thence South along the "Eighty" line 16 chains, 50 links to the center of the State Road; thence South 64 Degrees 5 minutes East along the center of said road 8 chains 70 links for the place of beginning; thence South 31 '/2 degrees West 12 chains 1 '/2 links; thence North 64 degrees 5 minutes West 4 chains 39 links; thence North 31 '/2 degrees East 12 chains and 1 1/2 links to the center of the State Road; thence South 64 degrees 5 minute East along the center of said road 4 chains and 39 links to the place of beginning, (except 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 the; East Half of the Northeast Quarter of said Section 18; thence on an assumed bearing South 00 degrees 14 minutes 36 seconds East 1088.90 feet to the EXHIBIT C centerline of U.S. Route 20; thence Southeast 283.06 feet along a curve to the left having a radius of 20,000.00 feet chord bears South 64 degrees 42 minutes 24 seconds, East 283.06 feet) on said centerline to the point of beginning; thence continuing 89.97 feet along a curve to the left having a radius of 20,000.00 feet (chord bears, South 65 degrees 14 minutes 28 seconds East 89.97 feet) on said centerline; thence South 65 degrees 22 minutes 12 seconds East 162.46 feet on said centerline of U.S. Route 20 to the centerline of Nesler Road; thence South 31 degrees 10 minutes 24 seconds West 800.46 feet on said centerline of Nesler Road; thence North 64 degrees 27 minutes 08 seconds West 33.16 feet to the West right of way line of Nesler Road per Document Number 1365639; thence North 31 degrees 10 minutes 24 seconds East 732.21 feet on said West right of way line; thence North 34 degrees 19 minutes 42 seconds West 40.24 feet; thence Northwest 220.15 feet along a curve to the right having a radius of 30,105.95 feet (chord bears North 65 degrees 16 minutes 35 seconds West 220.15 feet); thence North 31 degrees 10minutes 52 seconds East 46.64 feet to the centerline of U.S. Route 20, said point also being the point of beginning) in Elgin Township, Kane County, Illinois (property commonly known as 3191 U.S. Highway 20) Section 2. That the City Council of the City of Elgin hereby grants the PAB Planned Area Business District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PAB zoning district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting populations, subject to the provisions of chapter 19.60 of the zoning ordinance. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol "[SR]", shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. 2 E. Location and Size of District. This PAB zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PAB zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated "land uses" [SR] shall be the only land uses allowed as a"permitted use" [SR] in this PAB zoning district: Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in the AB Area Business District: 1. Residences Division: "Upper floor apartment dwellings" [SR] (UNCL). 2. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2)acres of land. 3. Offices Division: "Offices" [SR] (UNCL). 4. Finance,Insurance, and Real Estate Division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 5. Services Division: Advertising (731). Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). "Bed and breakfast inns" [SR] (7011). Billiard parlors (7999). Bingo parlors (7999). "Car washes" [SR] (7542). Carpet and upholstery cleaning agents without plants on the premises (7217). Coin-operated laundries and dry cleaning(7215). Commercial, economic, sociological and educational research (8732). Commercial, physical, and biological research(8731). Computer programming, data processing and other computer-related services (737). Computer rental and leasing(7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Dance studios and schools (791). 3 Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management and related services (87). Funeral service (726). Garment pressing, and agents for laundries and dry cleaners (7212). Home health care services (808). "Hotels and motels" [SR] (701). Job training and vocational rehabilitation services (833). Laundry collecting and distributing outlets (7211). Legal services (811). Libraries (823). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Membership organizations (86). Membership sports and recreation clubs (7997). Miscellaneous equipment rental and leasing(735). Miscellaneous personal services not elsewhere classified (7299). Motion picture distribution and allied services (782). Motion picture production and allied services (781). Motion picture theaters (7832). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Other schools and educational services (829). Personnel supply services (736). Photofinishing laboratories (7384). Photographic studios, portrait(722). Physical fitness facilities (7991). Pool parlors (7999). Professional sports operators and promoters (7941). Radio and television repair shops (7622). Refrigerator and air-conditioning service and repair(7623). Reupholstery and furniture repair(764). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Testing laboratories (8734). Theatrical producers (792). 4 Videotape rental (784). Vocational schools (824). Watch, clock and jewelry repair(763). 6. Retail Trade Division: Apparel and accessory stores (56). Automatic merchandising machine operators (5962). Building materials, hardware and garden supply (52). Carryout restaurants (5812). Catalog and mail-order houses (5961). Convenience food stores, operated on a twenty four (24) hour basis (5411). Direct selling establishments (5963). Drinking places (alcoholic beverages) (5813). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). Food stores (54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). "Motor vehicle service stations" [SR] (554). News dealers (5994). Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). Tobacco stores (5993). Used building materials (5932). Used merchandise stores (593). 7. Agricultural Division: Dog grooming (0752). Farm labor and management services (076). Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district (0181). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). 8. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 9. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area(2752). 10. Wholesale Trade Division: Apparel piece goods and notions (513). Drugs, drug proprietaries, and druggists' sundries (512). Electrical goods (506). 5 Furniture and home furnishings (502). Groceries and related products (514). Hardware, and plumbing and heating equipment and supplies (507). Machinery, equipment, and supplies (508). Metals and minerals, except petroleum (505). Motor vehicles and motor vehicle parts and supplies (501). Paper and paper products (511). Professional and commercial equipment and supplies (504). 11. Transportation, Communication and Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation(472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators'offices (414). Cable and other pay television services (484). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Intercity and rural bus transportation operators' offices (413). "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47 of this Title (UNCL). Local and suburban passenger transportation operators' offices (411). Packing and crating (4783). "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators'offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators'offices(415). Taxicab operators'offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). 12. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. 6 "Accessory package liquor sales establishment" [SR] (UNCL)."Drive-through facilities" [SR], subject to the provisions of Chapter 19.45 of this Title. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.47 of this Title. "Outdoor display areas" [SR] (UNCL). "Outdoor display lots" [SR] (UNCL). "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. "Storage tanks" [SR] (UNCL). "Temporary uses" [SR] (UNCL). Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in the AB Area Business District: 1. Municipal Services Division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. 2. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 3. Services Division: Amusement parks (7996). Arenas, sports fields, and stadiums (UNCL). Ballrooms (7911). Bowling centers (7933). Child daycare services (835). Coin-operated amusement establishments (7993). Dance halls (7911). Discotheques (7911). Drive-in motion picture theaters (7833). "Home child daycare services" [SR] (8351). Individual and family social services (832). Massage parlors (7299). 7 Organization hotels and lodging houses, on membership basis (704). 4. Retail Trade Division: Drive-in restaurants (5812). Firearms sales (5941). "Package liquor sales establishments" [SR] (5921). 5. Agricultural Division: "Kennels" [SR] (0752). 6. Mining Division: 7. Wholesale Trade Division: Beer, wine, and distilled alcoholic beverages (518). Lumber and other construction materials (503). 8. Transportation, Communication, and Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Courier services (4215). Heliports (458). Pipelines, except natural gas (461). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Railroad tracks (401). "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). 9. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.55 of this Title. 8 Similar Uses: The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in the AB Area Business District or in a less restrictive zoning district, pursuant to subsection 19.10.400H of the Elgin Municipal Code: 1. Services Division: Amusement and recreational services not elsewhere classified (7999). Business services not elsewhere classified (7389). Miscellaneous health and allied services not elsewhere classified (809). Miscellaneous personal services not elsewhere classified (7299). Miscellaneous repair shops and related services (769). Services not elsewhere classified (899). Social services not elsewhere classified (839). 2. Wholesale Trade Division: Miscellaneous durable goods (509). Miscellaneous nondurable goods (519). 3. Transportation, Communication, and Utilities Division: Transportation services not elsewhere classified (4789). G. Site Design. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended, and as provided in this ordinance. Prior to the development of the southerly piece of the subject property the owner of the subject property shall be required to submit a development plan to the city for a public hearing and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. The development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance with the Development Application submittal comprising of the following documents: a. Development Application and Statement of Purpose prepared by Ambrose Design Group, LLC received on January 28, 2015. In the event of any conflict between such documents and the provisions of this ordinance or other applicable city ordinances, the provisions of this ordinance or other applicable city ordinances shall supersede and control. b. Plat of Survey comprising of an ALTA/ACSM Land Title Survey prepared by Alan J. Coulson, PC, Professional Land Surveyors dated January 10, 2014 9 c. Preliminary Engineering Plans entitled "Gas Station and Convenience Store," Sheets C-1 through C-7 prepared by Northwestern Engineering Consultants, P.C. dated April 23, 2014 and last revised on July 22, 2015, also including the following stormwater management calculations: i. Preliminary Stormwater Management calculations 0 Gas Station and Convenience Store dated July 14, 2015 ii. Preliminary Retention/detention Calculations for Off-Site Driveway in connection with Gas station at SW Corner of US20/Nesler dated July 20, 2015. d. Truck Turning Plan, Sheet TR-1, prepared by Ambrose Design Group, LLC, dated June 4, 2012. e. Letter from the Illinois Department of Transportation dated June 12, 2013 prepared by Thomas Gallenbach, P.E., providing concurrence with the conceptual design of the development. f. Preliminary Landscape Plans prepared by Heller & Associates, dated July 24, 2015 g. Preliminary Floor Plans, Building Elevations and Graphics submittal containing the following sheets prepared by Ambrose Design Group dated December 17, 2013 and last revised on August 31, 2015: i. A-1, A-2—Exterior Building Elevations ii. A-3 —Floor Plan iii. C-1 —Canopy Elevation iv. Y-1 —Trash Enclosure Plan Elevation Details v. FS-1 — Sign Plan h. Exterior Lighting Application entitled "Parent Petroleum"prepared by Red Leonard Associates dated July 15, 2015. 2. Future development of the southerly portion of the property shall require Planned Development Approval through a public hearing and City Council Approval. 3. The subject property shall be provided with access to the adjacent property to the west by means of a private drive extending from Shannon Parkway to the westerly extent of the subject property. The final alignment and specifications of the driveway shall be designed per the requirements of the Community Development, Engineering and Fire departments. 4. In the event of the development of the vacant commercial property to the west, the property owner shall install landscape material within vehicle use area landscape yards that will be designed to separate the land uses on the subject property with those on the adjacent property to the west. 5. Compliance with all applicable codes and ordinances. 10 H. Off-street Parking. In this PAB zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. Off-street Loading. In this PAB zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PAB zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PAB zoning district authorize such an application. L. Planned Developments. In this PAB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. M. Conditional Uses. In this PAB zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. N. Variations. In this PAB zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. A variation may be requested by petition of a lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. O. Subdivisions — Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the 11 city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. David J. Kaptain, Mayor Presented: December 16, 2015 Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk F:\Legal Dept\Ordinances\Classify Newly Annexed-PAB-Lazar-3191 US Hwy 20-Pet 02-15-SS-WAC.docx 12 fall.all. 1-800-0112-0133 AA*,-800-/ -0133 SPECIAL NOTE: a II ,V t.,:. oms.ecky..12.1.D.. )N\s,\..\.. ' Icw RIDGE ROAD z�- .::::)30 0 30 110 90 I z 9E 1waifi 4 I \ „ #rz ..4f..`... _ .x_11 I gxgi Y g ....._. «. `" c Y I ,► z \\ 7 111...... .. 1 '_ 4i111T1' •Pkteigthitiorwo ' a wl :.v ,.v I I 1 s+.. 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Ali L..,i 4 1I m `h 7 PIE z I J UM'r' 1 NZ I 1 Irtl , ! NmrnS 'S If ! ! i Z \ u '.a 'fr.'. n IN . ! ill ''' t I a I � -- S ,mill t _ :i. _� �� �S B L'I-O �-8 41_ '7-'7:7__---- r o o .s, �Y_ s H --\i----: --- ---___— _ _________T I I O Rfl IONS CM YNGNiYBN rIR MANNA UNG SNYMONS s F pli� STORM WATER POLLUTION PREVENTION PLAN NORTHWESTERN ENGINEERING ,A; n GAS STATION & CONVENIENCE STORE US ROUTE 20 & NESLER ROAD CONSULTANTS, P.C. AAA,-, ELGIN, ILLINOIS 01060 P301 a0NAL DESIGN MEM UCH06Z NO.1114-000696 (0I� .30-0017 gI� \1O _�'_\ SL1 FENCE RAN SILT FENCE �eii m, IN !► .nu �"` �;s tar:"1 o..� NIT nCNI �ii✓."w' �� ae„ `•� YsTimttN� Y:,EINI llfi�If9 °e+u . \•_� �0�0 �_r �,wY I ~._.. >de,U �U DE. ^r. l ,�e. ' ITOMCN •/ �� � rITO tNSP C�T�I.OrN� a // ___ .w..-.. 1 VTLCT-- ITNOY !I 1 j, -.. n I • �` ...._._ _. w D f ___L \____ — - r -. __.� T Xn.r. ��,. ,. 2A A _ _ - -- To INSPECTION eNNO NI ./1..e, •re ,..' gf:az-P 8 W°T . � .., tau > � �`a_ I lI 1.WUai ELEv.w. Eria1�R Nq�i1s _ ��► —" .. II , A .F&r,et..F., ' w�. i�Wi�9 ,,.,,, " ,.r.'.r."' x.P, �— Ir.�__ \ �JI A " ..:�"" i9 . a : 1.1iMi �` �'"L L _A " ... 1>.-I L "` ,.... ^^ o v 41.1L'- I Z a _i �.... _—�^'""' WW L4„ rDNi ~ u. .�:-�j mow.C` �.�� +I I .> �-,- _-c 0 © .a ,� — =r'.z• ,.K. _.... c4t3i@ max.a1:72,oMN r:"N.Nco,mcow :Zinc'%IVA' O N1CS P.`..,.,, SIDEWALK RAMPS �°" 'f '°.......,...._......_. " 6ACCESSIBLE TO THE DI AB a Z S LED ry,.....\- tr. in • I r.Mar - ws tIANDICAwti u hic 91, HAND/CAP rdEtOL DETML PIPE I BOLLARD • M �vII41M (ro.m."srm.cn.wrzc w) . Q TYPICAL PERIMETER BIDEITAV �• .• .. , . x+Qi 7.m oar CI IIK"°' r�� 'ii_i .. .,_ _... z w o amN..i . �� �w az p., �� v - °4'�......... w r :. w INSPECTION .." "YSMA �� '1 IN6P N SAMPLING MANHOLE " "� �aw+wle� .51.4 d 0 W.`.. ,�_E1_ ....... , CONCRETE PARKING ''''P...�.li W V Z Bi INLE�.�ASIN LOT ILRN 6 ''' - T pp8 Ppti I..i.".I Ww, arm A 4.4 sT[zz7CY° . ...m�- w..�.,.M• L.—„�'w"•w ^�z� , _ z2,4, fiyl9 S CATCH NASn.TwE c:-- CATCH BASIN, TYPE TA' V ▪ I,r, „ m,•” µ •w` El " tb<' •M N•, o F,55[[{ a:c.� c e [!rC b,, „... .,a ., rt 1 w Sen Nol.-! .A%int fawn* Q v]• -I ler 14P j, i 2: • ~Y PARKING LOT CROSS SECTION �" .AI Thonon C/) :fR 87' L/. .,, 0 :PITH t G."_I EfNoNmVU�T`'bsat��"'mar,[,.Umai°61 - .. P.e. FdN.Sob. $f .,L a.rz w.ww .,,a w,M.n i Mill•PI •�+7•���• FLARED END SECTION '••�+s lt" P I e s .,v +0141 IIIINV' AI% 1 AWI'L.c„.., P.m Geom.. TtFaP�Pi .,V I � r ® B xn,.clo• ..¢r ,YNamnP.'cN N 41 E 6 g��[� 6i .sts� r... .p.. °°.° VIEW N P •`°a' 1i1 IM iiiiP F F COMM ON 1,I1 ®� fi 1.47°. �f MI= BLOCK DETAIL ®■ +mis" tiro oP�N I�Bi 1 M q p¢p 41g3�e a GONSTIN,cnaN�JpNT DETAIL I� ,Np .rz I ,•• Mow..P.m �adxa 14 n _ I @! • �PE.4ita'°L'RL`yrr1.,.�aM, L'T.1�. �sgao n.51 doi.M1ttlF "'° .T °•• If Ka la�� �. . l�i� E 0 AN90N O NT OETAL �gI P•+ ,K cow N m ®®Vex PRELIMINARY riPv ! ����� " ELEVATION CHIC .> P i!! 11 lam;. :11.1-t&6ISTWo " .. ,-.....". ...SECTION ENGINEERING No MT 5 6I@• CONTRACTION •I INT DETAIL RFSTRICT01�,(s LATE DETAILS } 7-22-15 eR Pepe! o.mxcNETE 1"c'o ss"°"° ""' DRY WELL DETAIL C"6 �fy��sElp NCCNCRETE PAVEMENT JOINT DETAILS lC7 fi, �s nr MS...s..w s"� N.T.S. x.x.GROUT mm 514X.a.m.-510.4 a ,os No. 14-06 R°E UNE ME �y� CALL JULIE I-l00-BB3-0133 V ir= SPECIAL NOTE: ?ma. "...e°"°, err mom.,.e w w b VA. comer noo• ■•r++ .n,„:,.nw ""z r.•s.x Z _'�, 8 HOURS BEFOORE YOU SIC p�" .. .o.zr N e taL4 .11 wa :::.....■_ g �� Z uuE.l TYPICAL OFFSITE DRIVEWAY SECTION w 1i .m� 1 I Za3 I{i __J d — may, i g.i p i L 0 I sn . \.,-\ A -z' 44zw2 �' � - a�za jFFia;ii11 ' A i. / .11 �i A A \s� 1 a V] 5 6 � ye' / *;.„, w z w.1111111111'gF:I { ,�,,�.� a ;101 11 ij9i _ 0$1i � 'II, ..., 1..-1,tri ) . ,-; --- --..- . k.„-,4 , .. , , ., ,,F pm iii 1 i .° • dt ' »oR { F95 F9f11E",si ..mow:Inc°1971 `..s woo weams. Nor gkilll ig OF M. a E.O.CO. a 121;i111111 6 �P.nN.„E N..dN.I EN 0I roN Pd80NG C0 { arm. M ..>....M^" w»,., YF9e{I , , , ,: PRELIMINARY D'�""'�7- - 64!p ..�—t 3.- ENGINEERING o.,t Ole i • G...w".:."n."..s wmY.w arw�ry. DM1C NO. 95Ii{� 7-22-15 !ON NO. Faa F 14-06 Alan J. Coulson, P.C. PROFESSIONAL LAND SURVEYORS PLAT OF SURVEY ✓ILTa/ACSM LAND TITLE SURVEY • OF PROPERTY DESCRIBED AS. The pert of r Northeast Curer of SWC.16,Tonne.41 Noll,Rapes Era of to Th.Pdn5pal Mellon.dntN ak00.1.Comt.lbp etc Northwest aver of to East Nw of 6th N«BSrt Ow.of sae Section theme s«M.by tr'E7Ny We16 ahem 50 No to 6»center M the St.... thence Scot 64 op...1 mimes EM.009 des center d a.toed 6 der 70 Nei terse pace of begbwp.them 3NIM 30 X degree WM 12 der 1 X free:than Nall 64 degrees 5 miner Were N.Ye 39 0*...them North 31 14 owes Eat 12 char end 1 14 Owe to 6e cent.0(u.Sue Road. thence S«M 64 degrees 5 minutes Eau Wong the nth..of said road 4 Slaw and 39 elks to the pace of b.pbNp.(eap11.pad One NoNeesl Our.d Section 16.Towne.41 North.Rope 3 Ear of r TNd Prnd3Y Masten,dented..follows:Commencing Aan can pre.t le N«Uaieet ones.der Ear 1tad Cl the N«tlw.Y Our.duo Section 18,them man 00rrr.d bre.South 00 degrees 14 mba.36 seconds bet 1038.90 fate the CMror 1.on d U.S.Route 20,therm Soothe.253.061n along•cone to the left Nee.•rNU d 20,000.03 feel(chord beers Swat 64 degss42 mar.24 seconds Ili East 263.0613570 on mid oenWMn to Ye point of beginning,IMm continuing 60.97 feet erg•carve b 6th WI hating.adu d 20,000.30 5M(dvd b.n. MIME.,1/0 Or a.101 14-e.4 South 65 degrees 14 names 26 aeon..Eat 89.07 feet)....antereu:yea SO■b 65 degrees 22 minutes 12..cell.Ear 16248 feet an sell ce0.115.d0.s.Rao 20 to the flora of Nat.Road:loom South 31 degrees 10 Tint/1M 24 snrnrds War 60048 feet an rd caolerteolHerat RCN: �°�s..s thence North 84 degree.27 minutes 30 senora.Wee 33.16 fed.the W.dgM al ray line d Nailer Road 1t.Moon.NU11er 1380639:thence North 31 aelpees 10 minute 24 seconds Ear 732.21 Net o said Weft d9N dew fn.:nt..Noll 34 degrees 19 nwe.a 42 seconds Wee 40.241.1 Bonn _ I .....28.15 1eel.ery 0 core b the 1pu NKp•weir 0(30,105 65 bet(dad bear.North 65 degrees 18 meow 38 seconds Wee 220.15 tee): VEST,v4«ecta,• r I Berm North 31 degrees 10 minutes 52 sec..East 46341M u r centerline d U.S.Rage 20.10.pant eSo Sang the poll of begndn9),b Elgin �_1 Tow..Kane County le n.. .T:--� 0 S' 1,'�`\, d A. NOTES T HE;'�.\"oA7 m\ ��Zy a HEREON ARE BASED R(TN ILLINOIS \ .\ ..---,, i STATE PLANE COORDINATES,NAD 83 \\ �, a / .IE \ - \\ \ :�e1 W S]/r 50 100 150 "° 430 \�s i°-v BENCHMARK■ \ Be01 n"..` y bey, • 3001.,1• SD' CMSLED SQUARE TOP OF CONC WALL 9 VEST SIDE OF�OrRRAVEL DRIVE,0.`0 A \~.. / NILE EAST OF INTERSE.,51 OF NESLER . rei�' -ELEVATION.90853(ROOT BENCHMA / �.r e0� / lww 1929 DpTUN / .�„ `\` __-...-_)--,/ "��_ \_ A ."`ice ° 3� / 3,3112 E ��. �1 �\`\\\ �+'- / % / 40.2,'BEAT. - L l vwc• sts.'tea '.. "-' --,�KU•_ `_ �/. eau -\\'b'r\ „\,�. / �� /�_� �� V.Elgin � -� \ sir �// ,, . 5 « y, ..g,, 7 ti (NO Bu LDINGSi'� / �f / o • � S ` � ._�_��, , 00 i 4,,1 5: , 11 1.• AREA OF PROPERTY,-� I 4}r. . . / \� 4.3531 ACRES / `R. .•• .�_ -�a99401 TD PT) K. . ` r..„, r A / E ae8 \, - `\ tart\ ` '' // e �,. \ / • / � •i/6% ��/. 1M Wee ' 'l<f .--_1 ,_ __r q I'GR uu.351\ �/f , ,g .1 ' �, /, er "` � \� i1 • VICINITY MAP e a6 vw K` /SURVEYORS NOTES: �, a�4t79Jw„rr r: � couuroFe 1>.e�C..J r4 a°"k" o _:, .rowe�:gww:.rt w e a'�/ ��::. Y2 L/ 7 re:coo d Fyn �Y .J4, / Arrotoee Design Orono.LLC Vat do rolmMyb underground Oren a wtrr AS TM Nad«uhBr'k uai«Waai MIA.,by mere pt.° inspection. /// TN.bboerllh/tht.thd.ma or pet and the e«eymwnmateewdwen uB Nwe....hereon T s• ,e r 3 s NA ��� I mode le.cogrd.rna wee er 2D111.1FnIrN.n 51.nded Deter RWealranrente nx txneerpovrnd M a D NE 1 j\f ALTMACSM Lard Tb&nM.ideBN ammo d wad miaow W ALTA are baled ter s..pe..a.. NSP9..d solute lewrlJ.5,11(e).rW 1619,d Table A thereof. masses e.JULIE was cad m O.5.2013(Dig No.X3391108) ` Ter.work was mnelebdm yD/(H Earnau adrrvtedes Owen hewn I ,• bare m e 6tie 2001161.00 road -L. / Dee dPlat dAfep:i(1/N an Sewed TBN(Warun(Y Company es / !: -'\ �� ` Brad ter STC Fhb No.534079 cool '] date May 22,2007, No pre d r suMn tweedy kb wom n» CNMs J.198 100 404100d Nerd err as debsnwrd I.P.L.s.12700 t Fadetel EmergeFo 630.0•air• • M knew thee.m November 30,2014. by Agency TEA)and es shown on t th Flmd te em RaMts Mr,C«mw•01 Pa.No. 1708900181.1.effaces date Mgr.3.2109. • STATE OF P..2J 2 p. 0 Q.x('714 WLRRY OP RAI! FIELD WORK COMPLETID:SR.-i.e,50.4 Ibogig wi19letl bteeeeep6 lee pm.*4.elMb ' 111.dames cmplba waledipm rw.allold moms md th*. abov•Fit b.Me/awaanpeeadrre r aid Rams. w.aarY•leeDx. TRY pealriotr.1 arils ewes r/rerralt 19_PAO •.tw •ga•••. Iamb Niece..taar6.km•Daman money. Warr N b bRwVtL E Panalesin.lr nwteea aaMp - rr J.M111 moor LAN trews.No.IFBTO0 wee i M,Limnsaw8We 11 MOM Csomes6d5,Lker•Me.114-01216 cloq-16 C l. n.11Y«grow,rraair.ea.rr rpanh ten 1 .0.1411.1.wrgoreawOYVY.e a....... .. GSD p-T TRRO NOT DBMS Al TOON LOCATOR OF Ul0L510Ag8O - AILa J.Cw51YOs.P.C. w feat„1 VL1 OM 3lOMININD ROVliRI PROPESSIORN I, 0SURVEYORS tl y 266 a Mtn St.West Dumas,lames 00111 . C top.M due' W.'M 1A'pled viii d66d.Refer d&NI for eraiNSi RLRI wilding 661 PIIrRC 1W)4211.21111 FMC(WIT)4264894 • EXHIBIT G CALCULATION OF CITY IMPACT FEES Note: the following fee amounts are current as of FY2015 Impact Fees 1. Water System Capital Connection Fees (Amount Based on Size of Service) 1" or Smaller Water Services: $1,300 1.25" Water Services: $2,030 1.5" Water Services: $2,910 2" Water Services: $5,160 4" Water Services: $20,680 Water Services Larger than 4" $25,000 Fire Suppression Service (fixed fee) $1,300 2. Public Safety Impact Fee (Southwest Subarea) $220.28 Non-Residential—Amount calculated per 1,000 sq.ft. (Maximum Contribution for a Non-Residential Building: $958.95 in FY2015, and subject to an annual increase of 3%) 3. Roadway Contribution Fee(Southwest Subarea) $3,136.67 Non-Residential—Amount calculated per 1,000 sq.ft. (Maximum Contribution fora Non-Residential Building: $71,288 in FY2015, and subject to an annual increase of 3%) 4. Sewer Recapture Fees a. Bowes Road interceptor Sewer $233.00 b. Trunk 20 Subarea $167.00 Industrial square footage—Amount Calculated per 1,000 sq.ft. (Maximum sewer recapture fee for a non-residential building: $50,000) The above impact fees to be collected along with recaptures and/or reimbursements at the time of obtaining a permit for each individual building based on its total floor area.