18-93 Resolution No. 18-93
RESOLUTION
AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO
ANNEXATION AGREEMENT WITH CALATLANTIC GROUP, INC.
AND DANIEL B. LIGHT AND LEAH RAE LIGHT
(The Ponds of Stony Creek—Stony Creek East and Capitani Parcel—4001 McDonald Road)
WHEREAS,the owners of certain property commonly known as The Ponds of Stony Creek
at 4001 McDonald Road have proposed that the annexation agreement between the owners and the
City of Elgin concerning said property be further amended as set forth in the proposed Third
Amendment to Annexation Agreement with CalAtlantic Group,Inc., and Daniel B.Light and Leah
Rae Light,a copy of which is attached hereto(the "Third Amendment to Annexation Agreement");
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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, as follows:
1. That the City Council finds that the extension of the term of the subject Annexation
Agreement as provided in the Third Amendment to Annexation Agreement is in the best interests of
the City of Elgin and that the development of the subject property which has previously been
annexed into the City of Elgin and is subject to such Annexation Agreement has not been completed
as of the date of the entry into the Third Amendment to Annexation Agreement.
2. That the proposed Third Amendment to Annexation Agreement is in the best interests
of the City of Elgin.
3. 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 CalAtlantic Group, Inc., and Daniel B. Light and Leah Rae Light, a
copy of which is attached hereto.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 22, 2018
Adopted: August 22, 2018
Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
THIRD AMENDMENT TO ANNEXATION AGREEMENT
Stony Creek East and Capitani Parcel
THIS THIRD AMENDMENT TO ANNEXATION AGREEMENT (the "Third
Amendment"),made and entered into this 22nd day of August,2018,by and between THE CITY
OF ELGIN, ILLINOIS, a municipal corporation of the Counties of Cook and Kane; in the State
of Illinois (the "City"), CALATLANTIC GROUP, INC., a Delaware corporation
("CalAtlantic"), and DANIEL B. LIGHT AND LEAH RAE LIGHT (collectively, "Light")
(with CalAtlantic and Light being sometimes hereinafter collectively referred to as the
"Developers").
WITNESSETH:
WHEREAS,the Developers and their successor property owners and the City entered into
an Annexation Agreement dated November 9, 2005, a First Amendment to said Annexation
Agreement dated April 29, 2009, as amended by a Second Amendment to Annexation Agreement
dated January 24, 2018 (collectively the"Annexation Agreement"); and
WHEREAS, the Developers are, collectively, the successor owners of that portion of the
property commonly referred to as The Ponds of Stony Creek and legally described in Exhibit A
attached hereto and incorporated herein by this reference (such property is hereinafter referred to
as the "Subject Property" or "The Ponds of Stony Creek Property"), excluding, however, that
portion of the Ponds of Stony Creek property legally described as on Exhibit B attached hereto
(the "RLF Land"); and
WHEREAS, each of the Developers desires to amend the approved land plan for the
Subject Property which was approved pursuant to the Annexation Agreement; and
WHEREAS, the City desires to accommodate the proposed amended land plan; and
WHEREAS, it is necessary to further amend the Annexation Agreement in order to
develop the Subject Property in conformance with the proposed amended land plan;
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 Herald, a newspaper of general circulation in the community, and the City has held such
public hearing; and
WHEREAS, the Corporate Authorities, after due and careful consideration, have
concluded that this Third Amendment 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, a public hearing was
held by the Planning & Zoning Commission of the City on the requested zoning of the amended
land plan.
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:
A. 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.
B. For all purposes of this Third Amendment, the term "The Subject Property" shall
be deemed to refer to those portions of the Capitani Parcel and Stony Creek East being legally
described in Exhibit A attached hereto.
C. Paragraph 3.A. of the Annexation Agreement, as amended by the First Amendment
and Second Amendment to the Annexation Agreement, is hereby further amended to the extent it
applies to The Subject Property as follows:
"A. Immediately after the passage of a resolution approving the Third Amendment to the
Annexation Agreement, the Corporate Authorities shall pass or adopt the following
ordinances and resolutions:
i. an ordinance amending Ordinance No. G9-18 classifying a portion of The
Subject Property in the PSFR2 Planned Single Family Residence District in
the form attached hereto in Group Exhibit C-3.
ii. an ordinance amending Ordinance No. G10-18 classifying a portion of The
Subject Property in the PCF Planned Community Facility District in the
form attached hereto in Group Exhibit C-3.
iii. a resolution approving the amended Preliminary Plat of Subdivision (the
"Preliminary Plat of Subdivision") for the Subject Property prepared by
CEMCON, Ltd., with the last revision date August 13, 2018, in the form
attached hereto and incorporated herein by this reference as Exhibit E-2.
iv. a resolution abrogating and vacating the Final Plat for Unit 1 of the Ponds
of Stony Creek recorded on April 25, 2018 as document number
2018KO19033 and the City's resolution ordinance number 18-9 approving
same .
V. a resolution approving the revised"Final Plat of Subdivision for The Ponds
of Stony Creek Unit 1" (the "Unit 1 Final Plat") prepared by CEMCON,
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Ltd., with the last revision date of August 16, 2018, in the form attached
hereto and incorporated herein by this reference as Exhibit E-3.
Group Exhibit C-3 and Exhibits E-2 and E-3 shall be deemed to supersede their
counterparts in the Annexation Agreement and the First and Second Amendments to the
Annexation Agreement to the extent they apply to Subject Property (but not as they apply
to the RLF Land).
The City further agrees that,with respect to the Subject Property:
vi. The building setback from a rear lot line may be reduced (1)to twenty (20)
feet for the purpose of allowing sunrooms for the Ridgefield house plans,
and (2) to thirty-five (35) feet for the Ridgefield house plans without a
sunroom,and(3)decks,patios,and balconies for all house plans to encroach
into the otherwise required forty (40) foot building setback.
D. Paragraph 3 C of the Annexation Agreement is hereby further amended to the extent
that it applies to the Subject Property by amending the references to the engineering plans prepared
by Cemcon, Ltd. dated May 24, 2006, last revised October 17, 2017 entitled "Ponds of Stony
Creek-Units 1 & 2" to "Final Engineering Improvements Plans for Ponds of Stony Creek-Units 1
&2" prepared by Cemcon, Ltd., dated May 24, 2006, with last revision date October 17, 2017, as
amended by the Final Engineering Improvement Plans for Ponds of Stony Creek-Unit 1 Addendum
Elgin, Illinois, watermain-sanitary sewer-street-street lighting and drainage for improvements
prepared by Cemcon, Ltd., dated June 27, 2018, with such further revisions that are required by
the City Engineer.
E. The following is added as Section 3-I of the Annexation Agreement:
I. As to the right-of-way known as McDonald Road (which borders the
northerly property line of the Subject Property(i)only the two (2)vehicular
access points from the Subject Property to McDonald Road as shown on the
Unit 1 Final Plat shall be permitted, and (ii) the Developer shall not be
required to improve that section of McDonald Road that lies East of the
eastern-most access point as shown on the Unit 1 Final Plat.
F. Paragraph 15 of the Agreement relating to the development contributions for
roadways is hereby further amended by amending the additional text added to the end thereof
pursuant to the First Amendment to read as follows:
"In consideration of the Developer providing for the full reconstruction of
McDonald Road for the portion of McDonald Road abutting the portion of the
property beginning at the western-most boundary of the property and continuing
easterly to the west line of the tract conveyed by document 2001K005870 as
depicted in the approved 2018 Unit 1 & 2 Final Engineering Plans, the City agrees
that the Developer shall receive a credit against such development contribution for
3
roadways in the amount of Developer's actual additional costs for that portion of
the McDonald Road reconstruction from the existing center line to the north
terminus of the new McDonald Road (hereinafter referred to as the "McDonald
Road Credit"). Notwithstanding the foregoing, or anything else to the contrary in
this Agreement, the McDonald Road Credit to the Developer shall in no event
exceed$240,000.00 regardless of the actual costs incurred by the Developer. Such
McDonald Road Credit shall be applied to the 504 dwelling units in The Ponds of
Stony Creek Units 1-4 whereby the amount of the McDonald Road Credit shall be
divided by 504 to determine the per unit credit and then deducted from the amount
of the development contributions for roadways otherwise due per dwelling unit in
The Ponds of Stony Creek Units 1-4."
G. Paragraph 18 of the Agreement is hereby amended with respect to the Subject
Property to read as follows:
"This Annexation Agreement (as further amended by the First, Second and Third
Amendments thereto, shall be in effect for a period of twenty years from and after
the execution date of the Second Amendment, and shall be binding upon and inure
to the benefit of the parties hereto, and theirs heirs, successors and assigns of all or
any part of the Subject Property. Upon the expiration of the term of this Agreement
(a) this Agreement shall be of no further force or effect, (b) the zoning
classifications granted the Subject Property pursuant to Paragraph 3 hereof shall
remain in full force and effect unless and until amended by ordinance adopted by
the City pursuant to rezoning procedures then in effect, and(c)the development of
the remainder of the Subject Property shall proceed in accordance with all
applicable ordinances then and thereafter in effect in the City of Elgin. The
provisions of this Paragraph 18 shall survive the expiration of this Agreement. In
the event that such extension of the term of this Annexation Agreement is
determined by a court of competent jurisdiction to exceed the maximum time that
an annexation agreement may lawfully remain in effect, then for and with respect
to any such period that is so held to be in excess of such maximum lawful period
for annexation agreements, this Annexation Agreement, with the exception of
Section 2 thereof relating to the annexation of the Subject Property, shall be deemed
to have been automatically converted into a development agreement between the
parties hereto."
H. In the event of any conflict between the terms of this Third Amendment and the
terms of the Annexation Agreement, the First Amendment to the Annexation Agreement, or the
Second Amendment to the Annexation Agreement the terms of this Third Amendment shall
supersede and control to the extent of any such conflict. In all other respects the Annexation
Agreement, as amended by the First Amendment and the Second Amendment shall remain in full
force and effect as written and as amended herein.
I. This Third Amendment may be executed in multiple counterparts, all of which,
together, shall constitute one and the same agreement. Further, photocopies, facsimile
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transmissions and other reproductions of this Third Amendment and / or the signatures hereon
shall be the equivalent of originals.
CITY OF EL N,ILLINOIS
By:
Mayor
ATTE
By:
S4City Jerk
DANIEL B. LIGHT AND LEAH RAE LIGHT
Leah Rae Light
Daniel B. Light
CALATLANTIC GROUP,INC.
By:
Name:
Its
FALegal Dept\Agreement\Annexation-Calatlantic&Light-Ponds of Stony Creek-Third Amend-clean-8-17-18.docx
5
transmissions and other reproductions of this Third Amendment and ! or the signatures hereon
shall be the equivalent of originals.
CITY OF ELGIN, ILLINOIS
By:
Mayor jV 01p,
ATTES :
By:
City lerk
DANIEL B. LIGHT AND LEAH RAE LIGHT
Leal R e Light
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CALATLANTIC GROUP,INC.
By:
Mame:
Its
FALegal Dept\Agreement\,Annexation-Calatlantic&Light-Ponds of Stony Creek-Third Amend-clean-8-17-18.docx
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transmissions and other reproductions of this'Third Amendment and !or the signatures hereon
shall be the equivalent of originals.
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CITY OF ELMNIILLINOIS
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DAIyIEL B.LIGHT AND LEAH RAE LIGFi'I' �
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EXHIBIT A
(Legal Description of Subject Property)
PROPERTY"A"
LEGAL DESCRIPTION
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND THAT PART OF THE WEST
HALF OF SECTION 1, TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN ALL DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST QUARTER OF SAID SOUTHWEST QUARTER;
THENCE NORTHERLY ALONG THE WEST LINE OF SAID QUARTER 1030.11 FEET TO
THE CENTER LINE OF MCDONALD ROAD;THENCE EASTERLY ALONG SAID CENTER
LINE FORMING AN ANGLE OF 90 DEGREES 08 MINUTES 48 SECONDS WITH THE LAST
DESCRIBED COURSE(MEASURED COUNTER-CLOCKWISE THEREFROM)902.24 FEET
TO AN ANGLE IN SAID CENTER LINE; THENCE EASTERLY ALONG SAID CENTER
LINE FORMING AN ANGLE OF 182 DEGREES 00 MINUTES 27 SECONDS WITH THE
LAST DESCRIBED COURSE(MEASURED COUNTER-CLOCKWISE THEREFROM)645.44
FEET TO THE MONUMENTED WEST LINE OF A TRACT OF LAND CONVEYED TO
DIAMOND GAITS, L.L.C. BY A WARRANTY DEED RECORDED AS DOCUMENT
2001K005870; THENCE SOUTHERLY ALONG SAID WEST LINE FORMING AN ANGLE
OF 87 DEGREES 38 MINUTES 57 SECONDS WITH THE LAST DESCRIBED COURSE
(MEASURED COUNTER-CLOCKWISE THEREFROM) 1857.13 FEET TO THE
SOUTHWEST CORNER OF SAID TRACT; THENCE EASTERLY ALONG THE SOUTH
LINE OF SAID TRACT FORMING AN ANGLE OF 89 DEGREES 56 MINUTES 17 SECONDS
WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM)
1087.25 FEET TO THE EAST LINE OF SAID WEST HALF SECTION 1; THENCE
SOUTHERLY ALONG SAID WEST LINE FORMING AN ANGLE OF 89 DEGREES 22
MINUTES 37 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED
COUNTER-CLOCKWISE THEREFROM) 2959.53 FEET THENCE NORTHWESTERLY
ALONG A LINE FORMING AN ANGLE OF 80 DEGREES 14 MINUTES 56 SECONDS WITH
THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM)
2657.35 FEET TO A POINT ON THE WEST LINE OF SAID WEST HALF THAT IS 584.79
FEET SOUTHERLY OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER
OF SAID SECTION 1; THENCE NORTHERLY ALONG THE WEST LINE OF SAID WEST
HALF OF SECTION 1 3277.94 FEET TO THE NORTHWEST CORNER OF SAID WEST
HALF; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SOUTHWEST
QUARTER SECTION 36 12.41 FEET (12.54 RECORD) TO THE POINT OF BEGINNING, IN
PLATO TOWNSHIP AND CAMPTON TOWNSHIP, KANE COUNTY, ILLINOIS,
EXCEPTING THEREFROM ANY PORTION LYING IN THE EAST HALF OF SAID
SECTION ONE.
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PROPERTY "B"
LEGAL DESCRIPTION
THAT PART OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 40 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE
SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, ALL DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTH 1/2 OF SAID SECTION
36: THENCE NORTH 89 DEGREES 40 MINUTES 57 SECONDS EAST ALONG THE NORTH
LINE OF SAID SOUTH 1/2 2667.51 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4
OF SAID SECTION 36; THENCE SOUTH 00 DEGREES 44 MINUTES 59 SECONDS WEST
ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER TO THE CENTER LINE OF
THE HIGHWAY, FOR THE POINT OF BEGINNING: THENCE SOUTH 00 DEGREES, 44
MINUTES 59 SECONDS WEST ALONG SAID EAST LINE, 1136.53 FEET TO THE NORTH
LINE OF THE NORTHWEST QUARTER OF SECTION 1 AFORESAID;THENCE NORTH 89
DEGREES 36 MINUTES 58 SECONDS EAST ALONG SAID NORTH LINE, 2.64 FEET TO
THE NORTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE SOUTH 00 DEGREES
26 MINUTES 10 SECONDS EAST ALONG THE EAST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 1, A DISTANCE OF 816.26 FEET TO A NORTHEAST
CORNER OF A TRACT OF LAND CONVEYED TO T. ALBERT POTTER AND WIFE, BY
DEED DATED FEBRUARY 28, 1938 AND RECORDED MARCH 3, 1938 IN BOOK 1075,
PAGE 316 AS DOCUMENT 419982; THENCE NORTH 89 DEGREES 57 MINUTES 30
SECONDS WEST 1100 FEET TO AND ANGLE IN THE LINE OF SAID POTTER TRACT;
THENCE NORTH 00 DEGREES 07 MINUTES 32 SECONDS EAST ALONG THE LINE OF
SAID POTTER TRACT, 1858.94 FEET TO THE CENTER LINE OF SAID HIGHWAY;
THENCE EASTERLY ALONG SAID CENTER LINE TO THE POINT OF BEGINNING; IN
THE TOWNSHIPS OF CAMPTON AND PLATO, KANE COUNTY, ILLINOIS.
EXCLUSIONS FROM PROPERTY A AND PROPERTY B
Exclusion No. 1
THAT PART OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 40 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF
SECTION 36, TOWNSHIP 41 NORTH, RANGE 7 EAST PER MONUMENT RECORD
1667860; THENCE NORTH 88 DEGREES 35 MINUTES 30 SECONDS EAST, 12.47 FEET
ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER TOW NORTHWEST
CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 1; THENCE NORTH 88
DEGREES 28 MINUTES 59 SECONDS EAST, 357.77 FEET ALONG SAID SOUTH LINE TO
THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES, 28 MINUTES 59 SECONDS
EAST, 93.00 FEET ALONG SAID SOUTH LINE; THENCE SOUTH 01 DEGREES 31
MINUTES 01 SECONDS EAST, 132.50 FEET PERPENDICULAR TO THE LAST
DESCRIBED COURSE; THENCE SOUTH 88 DEGREES 28 MINUTES 59 SECONDS WEST,
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93.00 FEET PARALLEL WITH SAID SOUTH LINE; THENCE NORTH O1 DEGREES 31
MINUTES O1 SECONDS WEST, 132.50 FEET PERPENDICULAR TO THE LAST
DESCRIBED COURSE TO THE POINT OF BEGINNING IN KANE COUNTY, ILLINOIS.
Exclusion No. 2
THAT PART OF THE NORTHWEST SECTION 1, TOWNSHIP 40 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 36,
TOWNSHIP 41 NORTH, RANGE 7 EAST PER MONUMENT RECORD 1667860; THENCE
NORTH 88 DEGREES 35 MINUTES 30 SECONDS EAST, 12.47 FEET ALONG THE SOUTH
LINE OF SAID SOUTHWEST QUARTER TO THE NORTHWEST CORNER OF
NORTHWEST QUARTER OF SAID SECTION 1; THENCE NORTH 88 DEGREES 28
MINUTES SECONDS EAST, 450.77 FEET ALONG SAID SOUTH LINE TO THE POINT OF
BEGINNING; THENCE NORTH 88 DEGREES 28 MINUTES 59 SECONDS EAST, 93.00
FEET ALONG SAID SOUTH LINE; THENCE SOUTH O1 DEGREES 31 MINUTES 01
SECONDS EAST, 132.50 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE;
THENCE SOUTH 88 DEGREES 28 MINUTES & SECONDS WEST, 93.00 FEET PARALLEL
WITH SAID SOUTH LINE; THENCE NORTH O1 DEGREES 31 MINUTES 01 SECONDS
WEST, 132.50 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE
POINT OF BEGINNING,IN KANE COUNTY, ILLINOIS.
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EXHIBIT B
RLF LAND
Future Lot 83 in Ponds of Stony Creek Unit 2
THAT PART OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 40 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF
SECTION 36, TOWNSHIP 41 NORTH, RANGE 7 EAST PER MONUMENT RECORD
1667860; THENCE NORTH 88 DEGREES 35 MINUTES 30 SECONDS EAST, 12.47 FEET
ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER TOW NORTHWEST
CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 1; THENCE NORTH 88
DEGREES 28 MINUTES 59 SECONDS EAST, 357.77 FEET ALONG SAID SOUTH LINE TO
THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES, 28 MINUTES 59 SECONDS
EAST, 93.00 FEET ALONG SAID SOUTH LINE; THENCE SOUTH O1 DEGREES 31
MINUTES O1 SECONDS EAST, 132.50 FEET PERPENDICULAR TO THE LAST
DESCRIBED COURSE; THENCE SOUTH 88 DEGREES 28 MINUTES 59 SECONDS WEST,
93.00 FEET PARALLEL WITH SAID SOUTH LINE; THENCE NORTH O1 DEGREES 31
MINUTES O1 SECONDS WEST, 132.50 FEET PERPENDICULAR TO THE LAST
DESCRIBED COURSE TO THE POINT OF BEGINNING IN KANE COUNTY, ILLINOIS.
Future Lot 82 in Ponds of Stony Creek Unit 2
THAT PART OF THE NORTHWEST SECTION 1, TOWNSHIP 40 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 36,
TOWNSHIP 41 NORTH, RANGE 7 EAST PER MONUMENT RECORD 1667860; THENCE
NORTH 88 DEGREES 35 MINUTES 30 SECONDS EAST, 12.47 FEET ALONG THE SOUTH
LINE OF SAID SOUTHWEST QUARTER TO THE NORTHWEST CORNER OF
NORTHWEST QUARTER OF SAID SECTION l; THENCE NORTH 88 DEGREES 28
MINUTES SECONDS EAST, 450.77 FEET ALONG SAID SOUTH LINE TO THE POINT OF
BEGINNING; THENCE NORTH 88 DEGREES 28 MINUTES 59 SECONDS- EAST, 93.00
FEET ALONG SAID SOUTH LINE; THENCE SOUTH O1 DEGREES 31 MINUTES O1
SECONDS EAST, 132.50 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE;
THENCE SOUTH 88 DEGREES 28 MINUTES & SECONDS WEST, 93.00 FEET PARALLEL
WITH SAID SOUTH LINE; THENCE NORTH O1 DEGREES 31 MINUTES O1 SECONDS
WEST, 132.50 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE
POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS.
GROUP EXHIBIT C-3
Ordinance No. G50-18
AN ORDINANCE
AMENDING ORDINANCE NO. G9-18 WHICH AMENDED ORDINANCE NO. G25-09
CLASSIFYING A PORTION OF THE PONDS OF STONY CREEK PROPERTY IN THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
WHEREAS,the property herein has previously been annexed to the City of Elgin; and
WHEREAS, the property has previously been classified in the PSFR2 zoning district
pursuant to Ordinance No. G7-06,as amended in its entirety by Ordinance No. G25-09; and
WHEREAS, Ordinance No. G9-18, adopted January 24, 2018 amended certain provisions
of Ordinance No. G25-09;and
WHEREAS, a written application has been made to amend the approved land plan for the
subject property known as The Ponds of Stony Creek Property; and
WHEREAS, after due notice in the manner provided by law the Planning and Zoning
Commission conducted a public hearing on July 23, 2018 concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their written Findings of Fact and recommend approval of said
application, subject to the conditions articulated below; 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 granting an amendment
to the PSFR2 Planned Single-Family Residence District pertains 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 July 23, 2018, and the recommendations made by the Community Development
Department and 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 Ordinance No. G9-18 previously adopted by the City Council of the
City of Elgin and classifying the property described therein in the PSFR2 Planned Single Family
Residence District is hereby amended as follows:
A. Section 2. A. of Ordinance No. G9-18 is hereby amended to read as follows:
"A. Section 2 of Ordinance No. G25-09 is hereby amended to read as follows:
That Chapter 19.07, Section 19.07.600 entitled 'Zoning District Map' of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further
amended by adding thereto the following paragraph:
The boundaries herein laid out in the'Zoning District Map',as amended,be
and are hereby altered by including in the PSFR2 Planned Single Family
Residence District,the following described property:
Those areas on the attached Plat of Zoning Exhibit, "_"for The Ponds of
Stony Creek, prepared by CEMCON, Ltd., dated March 17, 2008, last
revised July 3, 2018, and designated thereon in the PSFR2 Planned Single
Family Residence District."
B. Section 2. B. 1. a. of Ordinance G9-18 is hereby amended to read as follows:
a. Substantial conformance to the Development Application submitted by
CalAtlantic Group, Inc., and Daniel B. Light and Leah Rae Light, dated
received July 2, 2018 and the supporting documents including:
1. Rider Statement of Purpose and Conformance Amendment to
Annexation Agreement and to Existing Planned Development
Districts, received July 2, 2018;
2. Declaration for Stony Creek Units 1 and 2, received July 5, 2018;
3. Plat of Zoning Exhibit for The Ponds of Stony Creek, prepared by
Cemcon, Ltd., dated March 17, 2008, last revised on July 3, 2018;
4. Preliminary Plat for The Ponds of Stony Creek, prepared by
Cemcon, Ltd., dated September 14, 2016, last revised August 13,
2018;
5. Final Plat of Subdivision for The Ponds of Stony Creek Unit 1,
prepared by Cemcon, Ltd., dated September 13, 2016, last revised
August 16, 2018;
6. Roadway Improvement Plans for Ponds of Stony Creek—McDonald
Road Elgin,Illinois,prepared by Cemcon,Ltd.,dated July 20,2007,
last revised June 27, 2018;
7. Final Engineering Improvement Plans for Ponds of Stony Creek —
Units 1 &2 prepared by CEMCON, Ltd., dated May 24, 2006 with
last revision date October 17, 2017, as amended by the Final
Engineering Improvement Plans for Ponds of Stony Creek— Unit I
2
Addendum Elgin, Illinois, Watermain-Sanitary Sewer-Street-Street
Lighting and Drainage Improvements, prepared by Cemcon, Ltd.,
dated June 27, 2018. Notwithstanding the foregoing, Final
Engineering approval for Unit 2 shall require further submission of
engineering plans to the City Engineer and approval by the City
Engineer;
8. Final Landscape Plan Ponds of Stony Creek Units 1 & 2 Elgin,
Illinois,prepared by Gary R. Weber Associates, Inc.,dated October
3, 2016, last revised August 6, 2018;
9. The "Final Engineering Plans for Ponds of Stony Creek — Offsite
Watermain Improvement Plan" prepared by CEMCON, Ltd dated
February 19, 2007 with the latest revision date of September 12,
2017.
10. The "Final Engineering Plans for Ponds of Stony Creek Phase 1-3
Lift Station and Offsite Sanitary Sewer Improvement Plan"prepared
by CEMCON, Ltd dated April 14,2017 with the latest revision date
of May 1, 2018.
11. Lots 43-52 and 61-64, inclusive, may be platted as lots in Unit 1
provided,however, no building permits shall be issued for such lots
until the owner completes the mass grading for the area of such lots
and completes and receives approval for a floodplain map
amendment process removing said such lots from the floodplain.
12. Further revisions to the foregoing plats of subdivision shall include
but not be limited to revisions to comply with Title 18 of the Elgin
Municipal Code; easement provisions to be modified and dedicated
to appropriate parties as approved by the City Engineer; and
assignment of ownership and maintenance responsibilities to the
homeowners association of common features.
13. Changes to any of the aforesaid plans proposed by the developer that
are (i) in the nature of construction revisions resulting from field
conditions and(ii)determined by the City's engineer or Corporation
Counsel to be generally consistent with the purpose and intent of the
originally approved plans shall be allowed.
In the event of any conflict between such documents and the terms of this
ordinance the terms of this ordinance shall supersede and control."
C. Section 2. B. 1. b. d. of Ordinance G9-18 is hereby amended to read as follows:
"d. The building setback from a rear lot line may be reduced (a) to 20
feet for the purpose of allowing sunrooms for the Ridgefield house
plans, and (b) to 35 feet for the Ridgefield house plans without a
sunroom, and (c) decks, patios, and balconies for all house plans
may encroach into the otherwise required 40-foot building setback."
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Section 3. That except as amended herein, the use and development of the subject
property shall be controlled pursuant to the provisions of Ordinances No. G25-09 and No.G9-18.
In the event of any conflict between this ordinance and Ordinances No. G25-09 and No. G9-18,
this ordinance and associated documents shall control and'prevail.
Section 4. The provisions of this ordinance shall apply to the portion of the subject
property legally described in and subject to the terms of the Third Amendment to Annexation
Agreement for the subject property.
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
Presented: August 22,2018
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis,City Clerk
4
GROUP EXHIBIT C-3
Ordinance No. G51-18
AN ORDINANCE
AMENDING ORDINANCE NO. G10-18 WHICH AMENDED ORDINANCE NO. G26-09
CLASSIFYING A PORTION OF THE PONDS OF STONY CREEK PROPERTY IN THE PCF
PLANNED COMMUNITY FACILITY DISTRICT
WHEREAS,the property herein has previously been annexed to the City of Elgin; and
WHEREAS,the property has previously been classified in the PCF zoning district pursuant
to Ordinance No. G8-06, as amended in its entirety by Ordinance No. G26-09; and
WHEREAS,Ordinance No.G10-18,adopted January 24,2018 amended certain provisions
of Ordinance No. G26-09; and
WHEREAS, a written application has been made to amend the approved land plan for the
subject property known as The Ponds of Stony Creek Property; and
WHEREAS, after due notice in the manner provided by law the Planning and Zoning
Commission conducted a public hearing on July 23, 2018 concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their written Findings of Fact and recommend approval of said
application, subject to the conditions articulated below;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 granting an amendment
to the PCF Planned Community Facility District pertains 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 July 23, 2018, and the recommendations made by the Community Development
Department and 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 Ordinance No. G10-18 previously adopted by the City Council of the
City of Elgin and classifying the property described therein in the PCF Planned Community
Facility District is hereby amended as follows:
A. Section 2. A. of Ordinance No. G10-18 is hereby amended to read as follows:
"A.Section 2 of Ordinance No. G26-09 is hereby amended to read as follows:
That Chapter 19.07, Section 19.07.600 entitled 'Zoning District Map' of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further
amended by adding thereto the following paragraph:
The boundaries herein laid out in the 'Zoning District Map', as amended,be
and are hereby altered by including in the PCF Planned Community Facility
District,the following described property:
Those areas on the attached Plat of Zoning Exhibit" " for The Ponds of
Stony Creek, prepared by CEMCON, Ltd., dated March 17, 2008, last
revised July 3, 2018, and designated thereon in the PCF Planned
Community Facility District."
B. Section 2. B. 1. a. of Ordinance No. G10-18 is hereby amended to read as
follows:
a. Substantial conformance to the Development Application submitted
by CalAtlantic Group,Inc.,and Daniel B.Light and Leah Rae Light,
dated received July 2,2018 and the supporting documents including:
1. Rider Statement of Purpose and Conformance Amendment
to Annexation Agreement and to Existing Planned
Development Districts, received July 2, 2018;
2. Declaration for Stony Creek Units 1 and 2, received July 5,
2018;
3. Plat of Zoning Exhibit for The Ponds of Stony Creek,
prepared by Cemcon, Ltd., dated March 17, 2008, last
revised on July 3, 2018;
4. Preliminary Plat for The Ponds of Stony Creek,prepared by
Cemcon, Ltd., dated September 14, 2016, last revised
August 13, 2018;
5. Final Plat of Subdivision for The Ponds of Stony Creek Unit
1,prepared by Cemcon,Ltd., dated September 13,2016,last
revised August 16, 2018;
6. Roadway Improvement Plans for Ponds of Stony Creek —
McDonald Road Elgin, Illinois, prepared by Cemcon, Ltd.,
dated July 20,2007, last revised June 27,2018;
7. Final Engineering Improvement Plans for Ponds of Stony
Creek—Units 1 &2 prepared by CEMCON,Ltd.,dated May
24, 2006 with last revision date October 17, 2017, as
amended by the Final Engineering Improvement Plans for
Ponds of Stony Creek — Unit 1 Addendum Elgin, Illinois,
2
Watermain-Sanitary Sewer-Street-Street Lighting and
Drainage Improvements, prepared by Cemcon, Ltd., dated
June 27, 2018. Notwithstanding the foregoing, Final
Engineering approval for Unit 2 shall require further
submission of engineering plans to the City Engineer and
approval by the City Engineer;
8. Final Landscape Plan Ponds of Stony Creek Units 1 & 2
Elgin, Illinois, prepared by Gary R. Weber Associates, Inc.,
dated October 3, 2016, last revised August 6, 2018;
9. The "Final Engineering Plans for Ponds of Stony Creek —
Offsite Watermain Improvement Plan" prepared by
CEMCON, Ltd dated February 19, 2007 with the latest
revision date of September 12, 2017.
10. The "Final Engineering Plans for Ponds of Stony Creek
Phase 1-3 Lift Station and Offsite Sanitary Sewer
Improvement Plan"prepared by CEMCON, Ltd dated April
14, 2017 with the latest revision date of May 1, 2018.
11. Further revisions to the foregoing plats of subdivision shall
include but not be limited to revisions to comply with Title
18 of the Elgin Municipal Code; easement provisions to be
modified and dedicated to appropriate parties as approved by
the City Engineer; and assignment of ownership and
maintenance responsibilities to the homeowners association
of common features.
12. Changes to any of the aforesaid plans proposed by the
developer that are (i) in the nature of construction revisions
resulting from field conditions and (ii) determined by the
City's engineer or Corporation Counsel to be generally
consistent with the purpose and intent of the originally
approved plans shall be allowed.
In the event of any conflict between such documents and the terms of this
ordinance the terms of this ordinance shall supersede and control."
Section 3. That except as amended herein, the use and development of the subject
property shall be controlled pursuant to the provisions of Ordinances No. G26-09 and No. G10-
18. In the event of any conflict between this ordinance and Ordinances No. G26-09 and No.G10-
18,this ordinance and associated documents shall control and prevail.
Section 4. The provisions of this ordinance shall apply to the portion of the subject
property legally described in and subject to the terms of the Third Amendment to Annexation
Agreement for the subject property.
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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
Presented: August 22,2018
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis,City Clerk
4
EXHIBIT E-2
Resolution No. 18-94
RESOLUTION
APPROVING THE NEW PRELIMINARY PLAT FOR THE PONDS OF STONY CREEK
(4001 McDonald Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby approves the new preliminary plat for The Ponds of Stony Creek prepared by
CEMCON, Ltd., dated September 14, 2016, last revised August 13, 2018. 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. Application for final approval for Unit 1
shall be made not later than one year after the date of this resolution and must be supported by
such drawings, specifications and monetary insurance as may be necessary to demonstrate
compliance with applicable statutes and ordinances.
David J. Kaptain,Mayor
Presented: August 22, 2018
Adopted:
Vote: Yeas Nays
Recorded:
Attest:
Kimberly A. Dewis, City Clerk
EXHIBIT E-3
Resolution No. 18-95
RESOLUTION
APPROVING THE NEW FINAL PLAT OF SUBDIVISION FOR
THE PONDS OF STONY CREEK UNIT 1 SUBDIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby approves the new Final Plat of Subdivision for Ponds of Stony Creek Unit 1
Subdivision,prepared by Cemcon, Ltd. dated September 13, 2016, last revised August 16, 2018.
David J. Kaptain,Mayor
Presented: August 22, 2018
Adopted:
Vote: Yeas Nays:
Recorded:
Attest:
Kimberly A. Dewis, City Clerk