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G43-80 /�'` Ordinance No. G43-80 c AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY LOCATED IN THE VICINITY OF BIG TIMBER ROAD AND LYLE AVENUE WHEREAS, the City of Elgin has entered into a certain annexation agreement with the owners of record of certain territory hereinafter described; and WHEREAS, said annexation agreement provides that said territory is to be classified in the R-4, General Residence District, and a special use shall be granted for a planned unit development; and WHEREAS, prior to the execution of said annexation agreement a public hearing was held by the Land Use Committee after due notice in the manner required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020 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 hereinbefore laid out in the 'Zoning District Map' , as amended, be and are hereby altered by including in R-4, General Residence District, the follow- ing described property: Parcel 1: Part of the Southeast Quarter of Section 4, Towns iFi porth, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the intersection of the center line of the Public Road and the West line of said South- east Quarter; thence North along said West line, 498.3 feet; thence South 83 degrees 41 minutes East, 554.0 feet; thence South 13 degrees 19 minutes West, 703.4 feet to the center line of the Public Road; thence North 57 degrees 35 minutes West, 460.5 feet to the place of beginning, (except the East- erly 217.52 feet as measured at right angles to the Easterly line of the above described property) in Kane County, Illinois. Parcel 2: The East 217.52 feet, as measured at right angles to the Easterly line thereof of that part of the South- east Quarter of Section 4, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the point of intersection of the West line of said Southeast quarter with the center line of the highway running Northwesterly and Southeasterly through said Southeast quarter; thence North along the West line of said Southeast Quarter, 498.3 feet; thence South 83 degrees 41 minutes East 554 feet; thence South 13 degrees 19 minutes West 703.4 feet to the center line of the highway aforesaid; thence North 57 degrees 35 minutes West along said center line, 460. 5 feet to the point of beginning; in the Township of Elgin, Kane County, Illinois. Section 2. That a special use be and is hereby granted for develop- ment of the property heretofore described as a planned unit development subject to the following conditions: 1. Subject property shall be developed with a density not to exceed 18 units per acre and shall be developed in accordance with the Condominium Property Act of the State of Illinois. 2. That all land lying south of and contiguous to the southerly line of the adjoining Northern Illinois Gas Company property shall have a rear building line of not less than 20 feet from the lot line and shall be delineated by a six foot cedar privacy fence; no structure shall be permitted within the rear building line. 3. That that part of the subject property lying adjacent to Big Timber Road shall have a building line setback from Big Timber Road of not less than 50 feet and said area shall be screened from Big Timber Road by landscaping consisting of sodded earth berms, bushes, and existing trees in accordance with the landscape exhibit attached to the agreement; no struc- ture shall be permitted within the building line setback. 4. A building line setback from the easterly boundary of not less than 20 feet shall be established and maintained and no structures other than garages shall be permitted within said setback and no structure shall be erected within 10 feet of the easterly boundary line of the subject property. 5. A 15 foot walkway easement shall be dedicated to the City of Elgin for the benefit of the general public along the westerly property line adjacent to the Knowles Electronics property; said easement shall otherwise be in accordance with the provisions of the annexation agreement signed between the City of Elgin and George I. Carbary and Anna L. Carbary, The Elgin National Bank, as Trustee under Trust Agreement dated September 11, 1975, and known as Trust No. 865 and Marquis Builders, Inc. 6. That the planned unit development herein authorized shall be constructed substantially in accordance with the aforesaid annexation agreement and all exhibits attached thereto. Section 3. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form by authority of the City Council. s/ Harry W. Barnes Mayor Pro Tem I Presented: June 11, 1980 Passed: June 1 1 , 1980 Vote: Yeas 5 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk eft