15-164 Resolution No. 15-164
RESOLUTION
AUTHORIZING EXECUTION OF FOURTH AMENDMENT TO
ANNEXATION AGREEMENT WITH WEST POINT GARDENS SOUTH, LLC
(100 Nesler Road—West Point Gardens South)
WHEREAS,the Owner of certain property commonly known as West Point Gardens South,
Elgin,Illinois has proposed that the annexation agreement between the Owner and the City of Elgin
be amended; and
WHEREAS,after due notice as required by law,a public hearing on said proposal was held
by the corporate authorities of the City of Elgin; and
WHEREAS, the proposed Fourth Amendment to Annexation Agreement with West Point
Gardens South LLC, is in the best interests of the City of Elgin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute,on behalf of the City of Elgin,the Fourth Amendment to
Annexation Agreement with West Point Gardens South, LLC, a copy of which is attached hereto.
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
FOURTH AMENDMENT TO ANNEXATION AGREEMENT
(100 Nesler Road—West Point Gardens South)
THIS FOURTH AMENDMENT TO ANNEXATION AGREEMENT (Amendment) is 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 West Point Gardens South, LLC, an Illinois
limited partnership (hereinafter referred to as "Developer" and "Owner") as successor in interest
to Linda Meyer, as trustee of the Erwin W. Meier Declaration of Trust dated January 16, 1992;
and Laverne Meier as trustee of the Erwin W. Meier Declaration of Trust dated January 16,
1992; and West Point Builders Developers, Inc.
WITNESSETH
Whereas, the Owner and predecessor in title to the Owner and the City entered into an
Annexation Agreement dated January 12, 2005 (hereinafter referred to as the "Agreement")
regarding the property commonly known as West Point Gardens Subdivision; and
Whereas, Owner owns a portion of West Point Gardens Subdivision known as West
Point Gardens South, being legally described in Exhibit "A", which is attached and made a part
hereof (which real property, for convenience, is hereinafter referred to as the "Subject
Property"); and
Whereas, the Agreement was amended on November 14, 2012, by Resolution No. 12-
168 entitled "Resolution Authorizing Execution of a First Amendment to Annexation Agreement
with West Point Gardens Homes, LLC, Nesler and Lake Lots, LLC and West Point Gardens
South, LLC (West Point Gardens Subdivision)"to allow for additional building elevations within
the subdivision; and
Whereas, the Agreement was also amended on November 14, 2012 by Resolution No.
12-169 entitled "Resolution Authorizing Execution of a Second Amendment to Annexation
Agreement with West Point Gardens Homes, LLC (West Point Gardens Subdivision)" to allow
for additional single-family floor plans and elevations to be developed within the multiple-family
residential portion of the subdivision; and
Whereas, the Agreement was further amended on March 19, 2014, by Resolution No.
14-38 entitled "Resolution Authorizing Execution of a Third Amendment to Annexation
Agreement with Elgin Memory Care LLC and Nesler and Lake-CRE (West Point Gardens
Subdivision)" to create the "Elgin Memory Care Subdivision" and construct a new nursing and
personal care facility within Lot 1 of such subdivision; and
Whereas, the Owner now desires to further amend the Agreement to amend Group
Exhibits "C-1," "C-2" and "D"to the Annexation Agreement with respect to West Point Gardens
Subdivision, said Exhibit C-1 being the PSFR2 zoning ordinance for the Subject Property and
said Exhibit C-2 being the PCF zoning ordinance for the Subject Property, and said Exhibit "D"
being the "Preliminary Plat of Subdivision" of the Subject Property, so as to reconfigure the
preliminary plat of the subject property, which was originally configured with alley-loaded
garage lots and develop it with traditional street fronting single family lots.
Whereas, the City desires to accommodate Owner's desire to so amend such Group
Exhibits "C-1," "C-2" and "D" specifically those ordinances and resolutions as described within
Paragraph 3.A., Subparagraph (i) describing PSFR2 Planned Single Family Residence District
Ordinance G6-05 subsequently amended through Ordinance G74-08, Subparagraph (ii)
describing PCF Planned Community Facility District Ordinance G7-05 and Subparagraph (v)
describing Resolution No. 15-13 entitled "Resolution Approving Preliminary Plat for Meier
Farm(Meier Property— 100 Nesler Road); and
Whereas, the City has held the public hearings on the proposed amendment to the
annexation agreement and the proposed amended PSFR2 and PCF zoning ordinances; and
proposed amended Preliminary Plat of Subdivision as required by law.
Now therefore, for and in consideration of the premises and the mutual promises and
agreements herein contained and pursuant to the authority and conditions given and contained in
the statutes of the State of Illinois,the parties hereby agree as follows:
A. This Fourth Amendment to Annexation Agreement is made pursuant to and in
accordance with the provisions of Section 11 of the Illinois Municipal Code (65 ILCS 5/11-
15.1.1 et seq.), and in the exercise of the home rule power of the City.
B. Group Exhibits "C-1," "C-2" and "D" being the PSFR2 Planned Single Family
Residence District Ordinance G6-05 subsequently amended through Ordinance G74-08; the PCF
Planned Community Facility District Ordinance G07-05; and Resolution No. 15-13 entitled
"Resolution Approving Preliminary Plat for Meier Farm (Meier Property— 100 Nesler Road), are
hereby amended as set forth in Exhibit B attached hereto and made a part hereof by this
reference. The City agrees to adopt said amended PSFR2 and PCF ordinances and Resolution
amending the preliminary plat of subdivision within thirty (30) days following the entry into and
execution of this amendment.
C. In the event of any conflict between the terms of the Agreement, the terms of the
First, Second and Third Amendments and this Fourth Amendment to the Agreement, the terms of
this Fourth Amendment shall control. In all other respects, the Agreement shall remain in full
force and effect as originally written and as amended.
[SIGNATURE PAGE TO FOLLOW]
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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: OWNER:
CITY OF ELGIN, a municipal corporation West Point Gardens South, LLC
By: Light Real Estate LLC
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Attest:
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City Clerk
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Legal Description—West Point Gardens South
THAT PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN AND PART OF SECTION 13, TOWNSHIP 41
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF NESLER ROAD
RECORDED UNDER DOCUMENT NUMBER 1364830 AND THE SOUTH LINE OF
GANSETT PARKWAY RECORDED UNDER DOCUMENT NUMBER 2006K091077;
THENCE FOLLOWING THE BOUNDARY OF WEST POINT GARDENS PHASE 1
FOR THE NEXT 2 COURSES; (1) THENCE NORTH 49°25'57" WEST, 125.05 FEET
TO A POINT OF CURVATURE; (2) THENCE NORTHWESTERLY 5.50 FEET
ALONG THE ARC OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS
OF 2040.00 FEET, A CHORD BEARING NORTH 49 DEGREES 21 MINUTES 20
SECONDS WEST AND A CHORD DISTANCE OF 5.50 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 40 DEGREES 34 MINUTES 03 SECONDS WEST,
1,169.85 FEET; THENCE NORTH 49 DEGREES 25 MINUTES 57 SECONDS WEST,
156.37 FEET; THENCE SOUTH 40 DEGREES 34 MINUTES 03 SECONDS WEST,
540.00 FEET; THENCE NORTH 49 DEGREES 25 MINUTES 57 SECONDS WEST,
801.00 FEET; THENCE NORTH 40 DEGREES 34 MINUTES 03 SECONDS EAST,
496.44 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 54.75
FEET ALONG THE ARC OF A CURVE CONCAVE SOUTHEAST, HAVING A
RADIUS OF 220.00 FEET, A CHORD BEARING NORTH 47 DEGREES 41 MINUTES
48 SECONDS EAST AND A CHORD DISTANCE OF 54.61 FEET TO A POINT OF
TANGENCY ALSO THE SAID BOUNDARY LINE OF WEST POINT GARDENS
PHASE 1; THENCE FOLLOWING THE SAID BOUNDARY OF WESTPOINT
GARDENS PHASE 1 FOR THE NEXT NINE (9) COURSES; (1) THENCE NORTH 54
DEGREES 49 MINUTES 32 SECONDS EAST, 72.97 FEET TO A POINT OF
CURVATURE; (2) THENCE NORTHEASTERLY 69.68 FEET ALONG THE ARC OF
A CURVE CONCAVE NORTHWEST, HAVING A RADIUS OF 280.00 FEET, A
CHORD BEARING NORTH 47 DEGREES 41 MINUTES 47 SECONDS EAST AND A
CHORD DISTANCE OF 69.50 FEET TO A POINT OF TANGENCY; (3) THENCE
NORTH 40 DEGREES 34 MINUTES 03 SECONDS EAST, 273.74 FEET TO A POINT
OF CURVATURE; (4) THENCE NORTHEASTERLY 117.23 FEET ALONG THE ARC
OF A CURVE CONCAVE SOUTHEAST, HAVING A RADIUS OF 1,470.00 FEET, A
CHORD BEARING NORTH 42 DEGREES 51 MINUTES 08 SECONDS EAST AND A
CHORD DISTANCE OF 117.20 FEET TO A POINT OF TANGENCY; (5) THENCE
NORTH 45 DEGREES 08 MINUTES 12 SECONDS EAST, 441.49 FEET; (6) THENCE
SOUTH 49 DEGREES 25 MINUTES 57 SECONDS EAST, 626.16 FEET; (7) THENCE
NORTH 40 DEGREES 34 MINUTES 03 SECONDS EAST, 205.68 FEET; (8) THENCE
SOUTH 42 DEGREES 07 MINUTES 08 SECONDS EAST, 3.83 FEET TO A POINT OF
CURVATURE; (9) THENCE SOUTHEASTERLY 254.91 FEET ALONG THE ARC OF
A CURVE CONCAVE NORTHEAST, HAVING A RADIUS OF 2,040.00 FEET, A
CHORD BEARING SOUTH 45 DEGREES 41 MINUTES 55 SECONDS EAST AND A
CHORD DISTANCE OF 254.74 FEET TO THE POINT OF BEGINNING.
Exhibit A
EXHIBIT B-1
AMENDMENT TO PSFR2 ORDINANCE NO. G74-08
(100 Nesler Road—West Point Gardens South)
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Ordinance No. Gxx-15
AN ORDINANCE
AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
ORDINANCE NO. G74-08
(100 Nesler Road—West Point Gardens South)
WHEREAS, the territory herein described has been annexed to the City of Elgin and
originally classified in the PSFR2 Planned Single Family Residence District under Ordinance
No. G74-08; and
WHEREAS, written application has been made to amend PSFR2 Planned Single Family
Residence District Ordinance No. G74-08 to permit the reconfiguration of the Preliminary Plat of
West Point Gardens Subdivision; and
WHEREAS, the developer intends to reconfigure the approved preliminary plat of the
southerly portion of the subdivision which was originally configured with rear, alley-loaded
garages and develop it with traditional street fronting single family lots; and
WHEREAS, after due notice in the manner provided by law the Planning & Zoning
Commission conducted public hearings 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 the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated November 2, 2015, and the recommendations made by the Community Development
Department and the Planning & Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 2. That Ordinance No. G78-04 entitled "An Ordinance Amending PSFR2
Planned Single Family Residence District Ordinance G6-05 — West Point Gardens Subdivision—
100 Nesler Road," passed on November 5, 2008, be and is hereby amended only as set forth in
this ordinance by amending Section 4G entitled Site Design, subparagraph 13 entitled
Supplementary Conditions through the addition of Subparagraph"g"to read as follows:
g. The Preliminary Plat for West Point Gardens shall be amended in substantial
conformance with the Preliminary Plat of West Point Gardens South prepared by
Manhard Consulting, Ltd., dated July 31, 2015 subject to the following conditions:
i. Substantial conformance with the Development Application, Statement of
Purpose and attachments prepared by John Luczynski of J. Edward Land,
Exhibit B-1
LLC received on August 19, 2015. In the event of any conflict between
such documents and the terms of this ordinance or other applicable city
ordinances, the terms of this ordinance or other applicable city ordinances
shall supersede and control.
ii. Substantial conformance with the Preliminary Plat of West Point Gardens
South Sheets 1-3, prepared by Manhard Consulting Ltd, dated July 21,
2015.
iii. Substantial conformance with the Final Plat of Subdivision for West Point
Gardens South Phase 1, Sheets 1-2, prepared by Manhard Consulting Ltd,
dated July 31, 2015, contingent upon final revisions of the Community
Development Department, Engineering Department, Water Department
and Fire Department.
iv. Preliminary Engineering plans entitled "Proposed Improvements for West
Point Gardens South, Sheets 1-39, prepared by Manhard Consulting Ltd,
dated September 30, 2015, along with the Final Stormwater permit
application and Supplemental Drainage Calculations for West Point
Gardens South, also prepared by Manhard Consulting Ltd, dated
September 30, 2015.
v. Compliance with all applicable codes and ordinances.
Section 3. That except as amended herein, the use and development of the Subject
Property shall be controlled pursuant to the provisions of Ordinance No. G74-08. In the event of
any conflict between this ordinance, which expressly includes those documents detailed within
Section 2 and the allowances and departures described and provided thereon, and Ordinance No
G74-08, this ordinance and associated documents shall control and prevail.
Section 4. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
David J. Kaptain, Mayor
Presented:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
F:\Legal Dept\Ordinances\Zoning Ordinances\PSFR2-Amend G74-08-West Point Gardens-100 NeslerOPet 19-15-SS-WAC.docx
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EXHIBIT B-2
AMENDMENT TO PCF ORDINANCE NO. G07-05
(100 Nesler Road—West Point Gardens South)
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Ordinance No. Gxx-15
AN ORDINANCE
AMENDING PCF PLANNED COMMUNITY FACILITIES DISTRICT
ORDINANCE NO. G7-05
(100 Nesler Road—West Point Gardens South)
WHEREAS, the territory herein described has been annexed to the City of Elgin and
originally classified in the PCF Planned Community Facilities District under Ordinance No. G7-
05; and
WHEREAS, written application has been made to amend PCF Planned Community
Facilities District Ordinance No. G7-05 to permit the reconfiguration of the Preliminary Plat of
West Point Gardens Subdivision; and
WHEREAS, the developer intends to reconfigure the approved preliminary plat of the
southerly portion of the subdivision which was originally configured with rear, alley-loaded
garages and develop it with traditional street fronting single family lots; and
WHEREAS, after due notice in the manner provided by law the Planning & Zoning
Commission conducted public hearings 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 the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated November 2, 2015, and the recommendations made by the Community Development
Department and the Planning&Zoning Commission,a copy of which is attached hereto and made
a part hereof by reference as Exhibit A.
Section 2. That Ordinance No. G7-05 entitled "An Ordinance Classifying Territory in the
PCF Planned Community Facility District—Meier Property— 100 Nesler Road,"passed on January
12, 2005, be and is hereby amended only as set forth in this ordinance by amending Paragraph G
entitled Site Design through the addition of the following subparagraph to read as follows:
5. The preliminary plat for West Point Gardens Subdivision shall be amended in
conformance with the Preliminary Plat of West Point Gardens South prepared by Manhard
Consulting, Ltd., dated July 31, 2015, subject to the following conditions:
a. Substantial conformance with the Development Application, Statement of Purpose
and attachments prepared by John Luczynski of J. Edward Land, LLC received on
August 19, 2015. In the event of any conflict between such documents and the
Exhibit B-2
terms of this ordinance or other applicable city ordinances, the terms of this
ordinance or other applicable city ordinances shall supersede and control.
b. Substantial conformance with the Preliminary Plat of West Point Gardens South
Sheets 1-3,prepared by Manhard Consulting Ltd, dated July 21, 2015.
c. Substantial conformance with the Final Plat of Subdivision for West Point Gardens
South Phase 1, Sheets 1-2, prepared by Manhard Consulting Ltd, dated July 31,
2015,contingent upon final revisions of the Community Development Department,
Engineering Department, Water Department and Fire Department.
d. Preliminary Engineering plans entitled "Proposed Improvements for West Point
Gardens South, Sheets 1-39, prepared by Manhard Consulting Ltd, dated
September 30, 2015, along with the Final Stormwater permit application and
Supplemental Drainage Calculations for West Point Gardens South, also prepared
by Manhard Consulting Ltd, dated September 30, 2015.
e. Compliance with all applicable codes and ordinances.
Section 3. That except as amended herein,the use and development of the Subject Property
shall be controlled pursuant to the provisions of Ordinance No. G7-05. In the event of any conflict
between this ordinance, which expressly includes those documents detailed within Section 2 and
the allowances and departures described and provided thereon, and Ordinance No G7-05, this
ordinance and associated documents shall control and prevail.
Section 4. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
David J. Kaptain, Mayor
Presented:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
F:\Legal Dept\Ordinances\Zoning Ordinances\PCF-Amend G7-05-West Point Gardens-100 Nester-Pet 19-15-SS-WAC.docx
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EXHIBIT B-3
Resolution amending the Preliminary Plat for Meier Farm
(100 Nesler Road—West Point Gardens South)
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Resolution No. 15-xx
RESOLUTION
APPROVING AN AMENDMENT TO THE PRELIMINARY PLAT FOR MEIER FARM
(100 Nesler Road—West Point Gardens South)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby approves of an amendment to the preliminary plat prepared by Cowhey Gudmundson
Leder Ltd. dated January 3, 2005 for Meier Farm by hereby approving the Preliminary Plat of
West Point Gardens South prepared by Manhard Consulting, Ltd., dated July 31, 2015. The
approval granted by this resolution is tentative in nature, involving the general acceptability of the
layout as submitted, and shall not qualify the plat for recording. Approval of a Final Plat shall be
granted not later than one year after the date of this resolution and must be supported by such
drawings, specifications and monetary assurance as may be necessary to demonstrate compliance
with applicable statutes and ordinances.
David J. Kaptain, Mayor
Presented:
Adopted:
Vote: Yeas Nays:
Recorded:
Attest:
Kimberly A. Dewis, City Clerk
EXHIBIT B-3