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16-80 Resolution No. 16-80 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO ANNEXATION AGREEMENT FOR CAPITAL CORPORATE CENTER WITH ABCP INVESTMENTS, LLC AND ABCP INVESTMENTS, LLC-LAND SERIES (Lot 6 and Lot 7 of Capital Corporate Center-Commonly known as 1755 and 1775 Capital Street; and 2530 Mason Road) WHEREAS,the Owner of certain property commonly known as Lot 6 and Lot 7 of Capital Corporate Center,and 2530 Mason Road,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 Third Amendment to Annexation Agreement with ABCP Investments, LLC, and ABCP Investments, LLC-Land Series is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk,be and are hereby authorized and directed to execute,on behalf of the City of Elgin,the Third Amendment to Annexation Agreement with ABCP Investments,LLC,and ABCP Investments,LLC-Land Series,a copy of which is attached hereto. s/David J. Kaptain David J. Kaptain, Mayor Presented: May 25, 2016 Adopted: May 25, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk THIRD AMENDMENT TO ANNEXATION AGREEMENT (Lot 6 and Lot 7 of Capital Corporate Center Commonly known as 1755 and 1775 Capital Street; and 2530 Mason Road) THIS THIRD AMENDMENT TO ANNEXATION AGREEMENT (Third Amendment) is made and entered into this 25th day of May , 2016 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 ABCP Investments, LLC, and its sub-series, ABCP Investments, LLC – Land Series, each an Illinois limited liability company(hereinafter collectively referred to as "Owner"). WITNESSETH WHEREAS, the Owner and the City entered into an Annexation Agreement dated December 20, 2006 (hereinafter referred to as the "Annexation Agreement") regarding the property commonly known as Capital Corporate Center, being legally described in Exhibit "A" (Subject Property), which is attached and made a part hereof; and WHEREAS, the Annexation Agreement was amended on December 2, 2009, by Resolution No. 09-253, entitled "Resolution Authorizing Execution of a First Amendment to Annexation Agreement with ABCP Investments, LLC,(Capital Corporate Center)" to allow for the development of Lot 2 of Capital Corporate Center Subdivision with a Skilled Nursing Facility; and WHEREAS, the Annexation Agreement was again amended on September 10, 2014, by Resolution No. 14-122, entitled "Resolution Authorizing Execution of a Second Amendment to Annexation Agreement with ABCP Investments, LLC (Lot 6 and Lot 7— Capital Corporate Center-1755 and 1775 Capital Street)" to allow for the installation of certain"Special Street Graphics"in connection with Lots 6 and 7; and WHEREAS, the Owner continues to be the owner of Lot 6 and Lot 7 of Capital Corporate Center (hereinafter "Lots 6 and 7"), which lots are a part of the Subject Property covered by the Annexation Agreement; and WHEREAS, under Section 49B of the Annexation Agreement, the Owner (as the owner of Lots 6 and 7) and the City may agree to amendments to the Annexation Agreement involving only Lots 6 and 7 without the consent or involvement of any other party to the Annexation Agreement; and WHEREAS, the Owner of Lots 6 and 7 has acquired additional land immediately north of said Lot 6 in Capital Corporate Center containing approximately 2.25 acres, which additional land is currently situated in unincorporated Kane County, Illinois and is legally described as on Exhibit B attached hereto (the "Add-On Parcel"); and WHEREAS, the Owner anticipates that the Add-On Parcel will likely be developed in conjunction with the development of Lot 6 and/or Lot 7 and, in any event, should be developed under the auspices and control of the City of Elgin; and WHEREAS, the Owner desires to herein include the Add-On Parcel in the Annexation Agreement and provide for the eventual annexation of the Add-On Parcel to the City and the zoning of same upon the terms and conditions recited in this Third Amendment so that the Add-On Parcel may be annexed and developed as herein provided; and WHEREAS, the City Council, in its Ordinance No. G47-14, has designated the property commonly referred to as Capital Corporate Center as part of the Randall Road/I 90 Area of Special Character (the "Randall Road/I 90 Area of Special Character") pursuant to Section 19.50.105, and, similarly, the City Council finds that the Add-On Parcel is also similarly suited to be designated as such an Area of Special Character under the aforesaid ordinances of the City; and WHEREAS, the Owner also desires to herein provide for the establishment of special regulations for street graphics on the Add-On Parcel by first having the Add-On Parcel included within the Randall Road/I 90 Area of Special Character, and thereafter for the approval of those street graphics being depicted in Exhibit E which is attached and made a part hereof(herein after referred to as the "Special Street Graphics"), with all of same to take place upon the annexation of the Add-On Parcel to the City; and WHEREAS, the Owner also desires to amend Paragraph 3 of the Annexation Agreement, such paragraph describing the PORI Planned Office Research Industrial district ordinance Number G21-07 which was subsequently amended and restated in its entirety,through PORI Planned Office Research Industrial district ordinance Number G64-09 (the latter being hereinafter referred to as "PORI Ordinance"), in order to have said PORI Ordinance also include the Add-On Parcel upon its annexation to the City; and WHEREAS, Owner and City, after full consideration, each recognize the many advantages and benefits resulting from the annexation of the Add-On Parcel to the City; and WHEREAS, the Add-On Parcel 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 Add-On Parcel is located within the Rutland Dundee 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 Add-On Parcel, and whereas an affidavit that service of the said notice had been provided has been filed with the County Recorder; and - 2 - WHEREAS, the Add-On Parcel is located within Dundee 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 Add-On Parcel; and 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 Third Amendment to the Annexation Agreement, and have caused due notice to be made of said public hearing through publication in the Daily Courier News, 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 Add-On Parcel to the City on the terms and conditions hereinafter set forth is in the best interests of the City; and WHEREAS, pursuant to notice as required by statute and ordinance, public hearings were held by the Planning and Development Commission of the City on the requested zoning of the Add-On Parcel. NOW THEREFORE, for and inconsideration of the premises and the mutual promises and agreements herein contained and pursuant to the authority and conditions given and contained in the statutes of the State of Illinois, the parties hereby agree as follows: 1. This Third Amendment 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. That the Add-On Parcel legally described in Exhibit B attached hereto and the Vacated Mason Road Section, as hereinafter described, are incorporated into and hereby added into the Annexation Agreement as part of the "Subject Property" therein. 3. Within sixty (60) months following the execution of this Third Amendment, the Owner shall file with the City Clerk (a) a current title report verifying the owner(s) of record of the Add-On Parcel by the City Clerk, (b) Owner's Petition for Annexation in form and substance as required by law, (c) a plat of annexation in form acceptable to the City's corporation counsel, and (d) (i) a certified copy of the ordinance annexing the Add-On Parcel to the Fox River Water Reclamation District("FRWRD") or (ii) evidence reasonably satisfactory to the City that FRWRD has annexed a portion of the Add-On Parcel and agrees to annex the balance of the Add-On Parcel in phases (collectively, the "Petition Materials"). Within thirty (30) days following the filing of such Petition Materials by the Owner with the City Clerk the Corporate Authorities of the City shall pass an ordinance annexing the Add-On Parcel to the City. In the event the Owner fails to file such Petition Materials with the City Clerk within sixty (60) months following the execution of this Third Amendment, the City may elect to either (i) specifically enforce this Agreement including requiring the annexation of the Add-On - 3 - Parcel into the City of Elgin or, (ii)terminate this Third Amendment by providing written notice to the then record owners of the Add-On Parcel. In the event of such written notice thereof by the City to the then record owners of the Add-On Parcel to terminate this Third Amendment, this Third Amendment shall be deemed terminated without further obligations of the parties hereunder. 4. Within thirty (30) days after the passage of the City's ordinance annexing the Add-On Parcel, as provided in paragraph 2 hereof, the Corporate Authorities shall pass or adopt the following ordinances and resolution: i. To the extent that such roadway is under the City's jurisdiction and ownership and to the extent it may lawfully do so, adopt an ordinance or resolution vacating that portion of Mason Road situated within the City of Elgin which is located adjacent to the north line of Lot 6 of Capital Corporate Center (the "Vacated Mason Road Section") and to the extent it may lawfully do so, conveying same by quit claim deed to ABCP Investments LLC- Land Series, without charge, pursuant to Section 6E of the Annexation Agreement; ii. An ordinance in the form as set forth in Exhibit C attached hereto • providing for a text amendment to the City's Municipal Code (similar to Ordinance No. G47-14) designating the Add-On Parcel and the Vacated Mason Road Section as part of the Randall Road/I 90 Area of Special Character (the "Randall Road/I 90 Area of Special Character")pursuant to Section 19.50.105; and iii. An ordinance in the form as set forth in Exhibit D attached hereto amending the City's current PORI Ordinance number G64-09 so as to include the Add-On Parcel and the Vacated Mason Road and to treat same, for zoning and development purposes, in the same manner as Lots 6 and 7 are treated pursuant to the said PORI Ordinance and the Annexation Agreement; and iv. An ordinance in the form as set forth in Exhibit E attached hereto approving with respect to the Add-On Parcel special regulations for street graphics allowing such special street graphics to be installed along (but not overhanging) the northerly boundary of the Add-On Parcel, (hereinafter referred to as the "Special Street Graphics"). A. If the Add-On Parcel is developed separately from Lot 6 or separately from both Lots 6 and 7 of the Capital Corporate Center, one (1) Special Sign pursuant to the Special Street Graphics shall be permitted on the Add-On Parcel and one (1) Special Sign pursuant to the Special Street Graphics - 4 - shall be permitted on Lots 6 and 7 of the Capital Corporate Center. B. If the Add-On Parcel is developed only in conjunction with the Vacated Mason Road Section and Lot 6, then one (1) Special Sign pursuant to the Special Street Graphics shall be permitted on the Add-On Parcel adjacent to the right of way of the Illinois State Toll Highway Authority, and one (1) Special Sign pursuant to the Special Street Graphics shall be permitted on Lot 7 of the Capital Corporate Center. C. If the Add-On Parcel is developed in conjunction with both Lots 6 and 7 of the Capital Corporate Center, only one (1) Special Sign pursuant to the Special Street Graphics shall be permitted on the entirety of the Add-On Parcel, the Vacated Mason Road Section and Lots 6 and 7. 5. Unless requested by the Owner, neither the Add-On Parcel nor the Vacated Mason Road Section shall be required to be (i) added to the Capital Corporate Center Subdivision or (ii) otherwise subdivided. The City also acknowledges and agrees that: i. Said Add-On Parcel may be developed independently and / or in conjunction with the Vacated Mason Road Section; ii. Said Add-On Parcel, together with the Vacated Mason Road Section, may be developed (A) in conjunction with Lot 6 or (B) in conjunction with both Lots 6 and 7 of Capital Corporate Center. 6. The City further agrees as to the Add-On Parcel and the Vacated Mason Road Section: (a) To reasonably consider (and not to unreasonably deny, condition or delay) the approval of any variation that may be requested by the Owner to the City's stormwater ordinance which requests a variation from the requirement of a 5 foot maximum allowable water fluctuation ("bounce") in the detention ponds in order to allow a maximum allowable water fluctuation (bounce) in the detention ponds of a maximum of 2.5 additional feet, for a total of a maximum of 7.5 feet of allowable water fluctuations (bounce)in the detention ponds; (b) The Owner shall be responsible for the construction and installation of those on-site public improvements and utilities consisting of storm sewers, sanitary sewers, water mains, streets and appurtenant structures as are needed to adequately service any improvements proposed to be constructed on the Add-On Parcel and the Vacated Mason Road Section in accordance with applicable City ordinances and requirements. Adequate security as provided by law shall also be furnished by Owner for - 5 - any such public improvements that may ultimately be proposed to be installed. Owner 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, that may be required on the Add-On Parcel and the Vacated Mason Road Section and shall also 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. 7. No future amendments to the ordinances / resolutions described in Section 4 of this Third Amendment shall require further amendment to the Annexation Agreement. 8. In the event of any conflict between the terms of the Agreement, the terms of the First and Second Amendment to the Agreement, and the terms of this Third Amendment to the Agreement, the terms of this Amendment shall control. In all other respects, the Agreement shall remain in full force and effect as originally written and as amended and shall apply to Lots 6 and 7 together with the Add-On Parcel and the Vacated Mason Road Section. 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 ABCP Investments, LLC And ABCP Investments LLC-Land Series By: By: / Mayor Its: A/A../A -L Attest: By: City Clerk - 6 - any such public improvements that may ultimately be proposed to be installed. Owner 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, that may be required on the Add-On Parcel and the Vacated Mason Road Section and shall also 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. 7. No future amendments to the ordinances /resolutions described in Section 4 of this Third Amendment shall require further amendment to the Annexation Agreement. 8. In the event of any conflict between the terms of the Agreement, the terms of the First and Second Amendment to the Agreement, and the terms of this Third Amendment to the Agreement, the terms of this Amendment shall control. In all other respects, the Agreement shall remain in full force and effect as originally written and as amended and shall apply to Lots 6 and 7 together with the Add-On Parcel and the Vacated Mason Road Section. 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 ABCP Investments, LLC And ABCP Investments LLC-Land Series • Mayor Its: Attest: By. City Clerk F:\Legal Dept\Agreement\Annexation-Capital Corporate-Third Amend-1755 1775 Capital St-Pet 03-16-Final-5-19-16.docx - 6 - Exhibit A Legal Description of Capital Corporate Center THAT PART OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A "MAG NAIL" AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE SOUTH 00 DEGREES 42 MINUTES 09 SECONDS WEST ALONG AN ASSUMED BEARING, BEING THE EAST LINE OF SAID SECTION A DISTANCE OF 971.76 FEET TO A POINT ON THE EASTERLY EXTENSION ON THE NORTH LINE OF WESTFIELD BUSINESS PARK PLAT NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 1989 AS DOCUMENT NUMBER 2012687; THENCE NORTH 89 DEGREES 58 MINUTES 43 SECONDS WEST ALONG SAID EASTERLY EXTENSION 400.96 FEET TO THE NORTHEAST CORNER OF PROPERTY CONVEYED BY WARRANTY DEED RECORDED AS DOCUMENT NUMBER 2005K019712, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 58 MINUTES 43 SECONDS WEST ALONG THE NORTH LINE OF SAID WESTFIELD BUSINESS PARK PLAT NO. 2, A DISTANCE OF 2240.99 FEET TO THE NORTHWEST CORNER OF SAID WESTFIELD BUSINESS PARK PLAT NO. 2, SAID POINT BEING ON THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 36 MINUTES 23 SECONDS EAST ALONG SAID WEST LINE 985.61 FEET TO A "PK NAIL" AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER PER DOCUMENT NUMBER 94K009395; THENCE SOUTH 89 DEGREES 40 MINUTES 41 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER 1635.21 FEET TO A POINT 1008.28 FEET WEST (AS MEASURED ALONG SAID NORTH LINE) OF THE AFOREMENTIONED NORTHEAST CORNER OF SAID NORTHEAST QUARTER, SAID POINT BEING ON THE WEST LINE OF THE NORTHWEST TOLLWAY (I-90) ACCORDING TO CIRCUIT COURT GENERAL NUMBER S6-1213 FILED MAY 27, 1957; THENCE SOUTH 00 DEGREES 20 MINUTES 09 SECONDS WEST ALONG THE LAST DESCRIBED LINE 23.27 FEET; THENCE SOUTH 67 DEGREES 10 MINUTES 51 SECONDS EAST 116.50 FEET ALONG THE LAST DESCRIBED LINE; THENCE SOUTH 47 DEGREES 45 MINUTES 51 SECONDS EAST ALONG THE LAST DESCRIBED LINE 118.24 FEET TO A POINT ON THE WEST LINE OF ISTHA PARCEL N-4D- 105 PER FINAL JUDGMENT RECORDED AS DOCUMENT NUMBER 2002K018471; THENCE SOUTH 31 DEGREES 22 MINUTES 12 SECONDS EAST ALONG THE LAST DESCRIBED LINE 251.01 FEET; THENCE SOUTH 22 DEGREES 47 MINUTES 59 - 7 - SECONDS EAST ALONG THE LAST DESCRIBED LINE 358.42 FEET; THENCE SOUTH 26 DEGREES 20 MINUTES 32 SECONDS EAST ALONG THE LAST DESCRIBED LINE 295.72 FEET TO THE SOUTHWEST CORNER OF ISTHA PARCEL N-4D-105 PER SAID FINAL JUDGMENT; THENCE SOUTH 00 DEGREES 32 MINUTES 26 SECONDS WEST 19.53 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. ALSO, THAT PART OF MASON ROAD LYING NORTH AND EAST OF THE ABOVE DESCRIBED PROPERTY, IN KANE COUNTY, ILLINOIS. + F - 8 - EXHIBIT B LEGAL DESCRIPTION OF ADD-ON PARCEL PARCEL ONE: LOT 1 OF WEDGEWOOD ACRES UNIT NO. 1 AND THAT PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 30 TOWNSHIP 42 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EASTERLY OF THE WESTERLY LINE OF SAID LOT EXTENDED NORTHERLY AND SOUTHERLY OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. PARCEL TWO: LOT 2 OF WEDGEWOOD ACRES UNIT NO. 1 AND THAT PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 30 TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHERLY OF AND ADJACENT TO SAID LOT 2 (AND LYING BETWEEN THE EASTERLY AND WESTERLY LINES OF SAID LOT 2 EXTENDED NORTHERLY) AND SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. - 9 - EXHIBIT C ORDINANCE DESIGNATING THE ADD-ON PARCEL AND THE VACATED MASON ROAD SECTION AS PART OF THE RANDALL ROAD/I-90 AREA OF SPECIAL CHARACTER Ordinance No. GXX-16 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED, "ZONING" WHEREAS, written application has been made to amend the Elgin zoning ordinance to amend the areas of special character to provide for special street graphics not otherwise allowed by the zoning ordinance; and WHEREAS, the Planning and Zoning Commission held a public hearing on March 7, 2016, concerning the proposed amendments after due notice in manner provided by law; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said amendments, hereto attached as Exhibit A; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said amendments; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to this ordinance to amend the areas of special character pertain to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.50.105 of the Elgin Municipal Code, 1976, as amended, entitled "Areas of Special Character", Subsection A.2 entitled "Randall Road/I-90 area", be and is hereby further amended by adding the following additional subparagraph"h"thereto to read as follows: t: "h. The property commonly known as 2530 Mason Road, such property being legally described as follows: PARCEL ONE: LOT 1 OF WEDGEWOOD ACRES UNIT NO. 1 AND THAT PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 30 TOWNSHIP 42 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EXHIBIT C EASTERLY OF 'THE WESTERLY LINE OF SAID LOT EXTENDED NORTHERLY AND SOUTHERLY OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. PARCEL TWO: LOT 2 OF WEDGEWOOD ACRES UNIT NO. 1 AND THAT PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 30 TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHERLY OF AND ADJACENT TO SAID LOT 2 (AND LYING BETWEEN THE EASTERLY AND WESTERLY LINES OF SAID LOT 2 EXTENDED NORTHERLY) AND SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS." Vacated Mason Road Section [INSERT LEGAL DESCRIPTION OF VACATED MASON ROAD SECTION] Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. Kaptain, Mayor Presented: Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk - 2 - EXHIBIT D ORDINANCE CLASSIFYING ADD-ON PARCEL AND VACATED PORTION OF MASON ROAD IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT - 11 - Ordinance No. Gxx-16 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (2530 Mason Road) WHEREAS, the territory herein described commonly known as 2530 Mason Road, has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PORI Planned Office Research Industrial District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing after due notice by publication and has submitted its Findings of Fact and recommended approval, and hereto attached as Attachment A; and WHEREAS, the City Council of the City of Elgin concurs in the Findings and Recommendation of the Planning and Zoning Commission. WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a planned development as a map amendment pertain to the government and affairs of the city. 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 March 7, 2016, made by the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.08, Section 19.08.020 entitled "Zoning District Map" of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the `Zoning District Map', as amended, be and are hereby altered by including in the PORI Planned Office Research Industrial District the following described property: PARCEL ONE: LOT 1 OF WEDGEWOOD ACRES UNIT NO. 1 AND THAT PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 30 TOWNSHIP 42 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EASTERLY OF 'THE WESTERLY LINE OF SAID LOT EXTENDED NORTHERLY AND SOUTHERLY OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. EXHIBIT D PARCEL TWO: LOT 2 OF WEDGEWOOD ACRES UNIT NO. 1 AND THAT PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 30 TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHERLY OF AND ADJACENT TO SAID LOT 2 (AND LYING BETWEEN THE EASTERLY AND WESTERLY LINES OF SAID LOT 2 EXTENDED NORTHERLY)AND SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS." (Commonly known as 2530 Mason Road) Vacated Mason Road Section [INSERT LEGAL DESCRIPTION OF VACATED MASON ROAD SECTION] Section 3. That the City Council of the City of Elgin hereby grants the rezoning from F Farming District in Kane County to PORI Planned Office Research Industrial District, at 2530 Mason Road which shall be designed,developed,and operated subject to the following provisions: The design, development and operation of land uses, site design features and structures shall be implemented in conformance with the provisions contained within Ordinance No.G64-09 entitled "An Ordinance Amending PORI Planned Office Research Industrial District Ordinance No. G21-07 (Capital Corporate Center Subdivision)," passed by the Elgin City Council on December 2, 2009, and shall also incorporate all the provisions and requirements contained within Exhibit 1 of such ordinance entitled "Design Guidelines" that pertain to Building, Construction and Landscape Improvements of Lots 6 and 7 of Capital Corporate Center. Section 4. That except as amended herein,the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G64-09. In the event of any conflict between this ordinance and Ordinance No G74-08,this ordinance shall control and prevail. Section 5. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. David J. Kaptain, Mayor - 2 - Presented: - Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk - 3 - EXHIBIT E ORDINANCE ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I-90 AREA OF SPECIAL CHARACTER - 12 - Ordinance No. Gxx-16 AN ORDINANCE ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I-90 AREA OF SPECIAL CHARACTER (2530 Mason Road) WHEREAS, the territory herein described commonly known as 2530 Mason Road, has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PORI Planned Office Research Industrial District; and WHEREAS, written application has been made to add the property commonly known as 2530 Mason Road into the Randall Road/I-90 of special character; and WHEREAS, Section 19.50.105 of the Elgin Municipal Code, 1976, as amended,provides that the City Council may designate specific locations within the city as Areas of Special Character in order to provide appropriate flexibility in the regulation of street graphics through the adoption of special regulation for these areas that can vary from the regulations contained within the City's Street Graphics Ordinance; and WHEREAS, the City Council, in its Ordinance No. Gxx-16, has designated the property commonly referred to as 2530 Mason Road, and further described in Section 1 of said ordinance as part of the Randall Road/I 90 Area of Special Character (the "Randall Road/I 90 Area of Special Character")pursuant to Section 19.50.105; and WHEREAS, written application has been made to adopt special regulations for street graphics on the property commonly referred to as 2530 Mason Road, those regulations being further described in Section 1 of this ordinance as part of the Randall Road/I 90Area of Special Character; and WHEREAS, the Planning and Zoning Commission held a public hearing concerning adding the property at 2530 Mason Road into the Randall Road/I-90 Area of Special Character and concerning the proposed special regulations and has submitted its written findings and recommendation that the subject property be added to the Randall Road/I-90 Area of Special Character and that the special regulations for street graphics be granted, those findings begin hereto attached as Exhibit A; and WHEREAS, the City Council has previously determined that the Randall Road/I 90 Area of Special Character has unique characteristics including the area's location, topography and being adjacent to U.S. Interstate 90; and WHEREAS, the City Council further finds that the location and use of the subject property as a commercial and industrial subdivision, presents specified unique challenges and demands such that the City's street graphic ordinance cannot adequately regulate street graphics for such use in such area; and EXHIBIT E • WHEREAS, the proposed special regulations for the subject property are consistent with the unique character and unique use of the Randall Road/I 90 Area of Special Character, and departures from the street graphics ordinance as contained within such proposed special regulations are limited to address the unique and particular area characteristics and use characteristics of the subject property's portion of the Randall Road/I 90 Area of Special Character; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a planned development as a map amendment pertain to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The following Special Regulations for Street Graphics for the 2530 Mason Road portion of the Randall Road/I 90 Area of Special Character, such property being legally described in.the Ordinance Amending Chapter 19.50 of the Elgin Municipal Code, 1976, as Amended, entitled "Street Graphics," Regarding the Randall Road/I-90 Area of Special Character (Capital Corporate Center), Ordinance No. Gxx-16 (the "Subject Property"), be and are hereby granted and approved pursuant and subject to the following terms and conditions: 1. Compliance with the graphics exhibit entitled "ABCP Investments c/o Peter Bozos" prepared by Parvin-Clauss Sign Company, dated June 24, 2014 and last revised on March 1, 2016, attached hereto as Exhibit 1 (such plan is hereinafter referred to as the "Subject Special Sign District Plan"). Pursuant to the Subject Special Sign District Plan, one double-faced light emitting diode (LED) electronic changeable copy graphic (the "Special Sign") and depicted as Option B of Exhibit 1, shall be permitted on the Subject Property in the location as set forth in paragraph 3 below. Notwithstanding the foregoing, the graphic that is ultimately installed may, at the request of the applicant, depart from the Special Graphics Regulations of the Planned Development in the following respects: (i) it may be less than 20 feet in height; (ii) it may be less than 10 feet in width; (iii) it may be of a color other than white; and (iv) it may have such overall design/style attributes as approved by the development administrator. 2. At the election of its owner, the light emitting diode (LED) electronic display panel(s) on the sign may initially be constructed and/or from time-to-time replaced with static (no-LED) sign faces containing the names, logos and messages of tenants within Capital Corporate Center subdivision and with a maximum surface area not to exceed 200 square feet and 20 feet in height. 3. The Special Sign shall be installed only at a location within the strip of land of the Subject Property depicted on Exhibit 1 attached hereto. The Special Sign may be constructed on a berm which is not higher than thirty-six inches above the surrounding average grade and landscaped in an area equal to no less than 2.5 times the surface area of the graphic. - 2 - 4. The graphic shall be oriented in such a manner as to create minimum negative impact to the greatest extent possible on residential property in the vicinity. 5. The light emitting diode (LED) electronic display panel(s) included as part of the Special Sign shall also comply with the following additional standards: a. All images, displays or messages of any type or nature (hereinafter collectively "Image" or "Images") shall be static without any type of movement or motion whether the Images are in the form of animation, video, text or otherwise. No continuous traveling, scrolling, flashing, spinning, revolving or shaking, or any other type of movement or motion of an Image shall be allowed. b. The rate of change for any Image shall be for a minimum period of ten (10) seconds, i.e., each Image displayed shall be displayed for a minimum period of ten (10) seconds. c. Any Image or message change sequence shall be accomplished immediately with no transition by changing from one screen to another or by means of fade or dissolve mode. d. The intensity or maximum brightness of the light emitting diode (LED) electronic display panel shall not exceed five thousand (5,000) nits when measured from the sign's face at its maximum brightness, during daylight hours, and five hundred (500) nits when measured from the sign's face at its maximum brightness between dusk and dawn, i.e. the time of day between sunrise and sunset. The light emitting diode (LED) electronic display panel shall include an ambient light meter at a programmable or manual dimming capacity. e. The square footage of the light emitting diode (LED) electronic message center shall not exceed 103 square feet or 51% of the overall surface area of the graphic, whichever is less. An LED electronic display panel shall be permitted to be installed on both sides of the graphic. f. The light emitting diode (LED) electronic changeable copy graphic, as well as all other street graphics within the Subject Property shall not be operated, in whole or in part, as an Off Premises Street Graphic. g. The light emitting diode (LED) electronic display panel(s) shall display Images limited solely and only to displaying in text the names, logos and messages of the companies, one at a time, then currently owning or occupying the Subject Property as a bona fide full time and year round owner or tenant on the Subject Property. - 3 - h. In the event of any conflict between the standards for the light emitting diode (LED) electronic display panel as provided for in this Subsection 5 and the provisions within the Subject Special Sign District Plan, the provisions of this Subsection 5 shall supersede and control. 6. If the 2530 Mason Road property (also known as the Add-On Parcel in the Third Amendment to the Annexation Agreement) is developed in conjunction with Lot 6 or in conjunction with both Lots 6 and 7 of the Capital Corporate Center, only one (1) Special Sign pursuant to the Special Street Graphics shall be permitted on the entirety of the Add- On Parcel, the Vacated Mason Road Section and Lots 6 and 7 of the Capital Corporate Center. If the Add-On Parcel is developed separately from Lot 6 or separately from both Lots 6 and 7 of the Capital Corporate Center, one (1) Special Sign pursuant to the Special Street Graphics shall be permitted on the Add-On Parcel and One (1) Special Sign pursuant to the Special Street Graphics shall be permitted on Lots 6 and 7 of the Capital Corporate Center. Any such Special Sign(s) shall comply with all of the regulations of this ordinance. 7. The owner shall be permitted to obtain any required building and zoning permits to modify the following attributes of the graphic without requiring further amendment to the annexation agreement or amendment to this ordinance: a) Re-location of the graphic within the area specified on Exhibit 1 attached hereto. b) Position and dimensions of the electronic display panel within the overall graphic as long as the surface area of such panel does not exceed 103 square feet or 51% of the overall surface area of the graphic. 8. In the event of any conflict between the special regulations for the Subject Property as provided herein, and the provisions of Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled "Street Graphics", the provisions of these special regulations for the Subject Property as contained herein shall supersede and control. 9. With the sole exception of the Special Sign (i.e., the light emitting diode (LED) electronic changeable copy graphic described in paragraph 1 or the non-electronic graphic described in Paragraph 2 of this section as authorized in this ordinance), all other street graphics on the Subject Property shall comply with the provisions of Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled"Street Graphics". Section 2. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. David J. Kaptain, Mayor - 4 - Presented: Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk - 5 -