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S8-08A Ordinance No. S8-08 AN ORDINANCE TO ADD TERRITORY TO THE CITY OF ELGIN ENTERPRISE ZONE WHEREAS, the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City") is a home rule unit of government under the Illinois Constitution of 1970, Article VII, Section 6; and WHEREAS, the City established an enterprise zone (hereafter referred to as the "Elgin Enterprise Zone") on December 17, 1984, per Ordinance No. G63-84, pursuant to authority granted it by the Illinois Enterprise Zone Act (20 ILCS 655/1 et seq.; hereafter referred to as the "Act"), as amended, subject to the approval of the Illinois Department of Commerce and Community Affairs (now the Illinois Department of Commerce and Economic Opportunity and hereinafter referred to as "State"), and subject to the provisions of the Act; and WHEREAS, the City of Elgin Enterprise Zone was approved by the State, effective July 1, 1985; and WHEREAS, a request has been made to further expand the current Enterprise Zone area through the addition of certain property,pursuant to the Act, and subject to approval by the State, and subject to the provisions of the Act; and WHEREAS, the City conducted a public hearing concerning the addition of property to the designated Enterprise Zone, after due notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section III of Ordinance No. G63 — 84, the Ordinance Designating an Enterprise Zone under the Illinois Enterprise Zone Act for Elgin, Illinois and as amended by Ordinance No.G44-01 and Ordinance No. S29-04, are hereby further amended by adding the territory depicted in Exhibit "A" as the Proposed Expansion Zone and legally described in Exhibit `B", attached hereto, to the list of exhibits within Section III and thereby expanding the territory of such Enterprise Zone; provided however, such Proposed Expansion Zone to the Enterprise Zone shall not be subject to or eligible for the property tax abatement provisions of the Act. Section 2. That all ordinances and parts thereof in conflict herewith are expressly repealed and are of no further force and effect. Section 3. That repeal of any ordinances by this ordinance shall not affect any rights accrued or liability incurred under said repealed ordinances to the effective date hereof. The provisions of this ordinance insofar as they are the same or substantially the same as those of any prior ordinance, shall be construed as a continuation of said prior ordinances. Section 4. That it is the intention of the City Council of the City of Elgin that this ordinance and every provision thereof shall be severable and the invalidity of any section, clause, or provision of this ordinance shall not affect the validity of any portion of this ordinance. Section 5. That the City Manager is hereby authorized and directed to cause to be prepared an application with the State in accordance with the provisions of the Illinois Enterprise Zone Act and to provide such additional information and documents as may be required by the Department and to otherwise take such action as may be necessary on behalf of the City of Elgin to obtain certification by the Department of the amendment to the enterprise zone herein created. Section 6. That this ordinance shall be in full force and effect from and after its passage, approval, recording and publication in accordance with law, and after the State has approved and certified the application for amendment to the Enterprise Zone pursuant to Section 5.4 of the Act. s/Ed Schock Ed Schock, Mayor Presented: June 25, 2008 Passed: June 25, 2008 Vote: Yeas: 7 Nays: 0 Recorded: June 26, 2008 Published: June 27, 2008 Attest: s/Diane Robertson Diane Robertson, City Clerk / Id e 9 • e C ■ a NMQG Congdon As liriT% 5arr a w"'Qs, ii u S f t r a> Snl�r�'1.■� Its I- ® all - N nn: �` ®Park `py' Ix�® °' p je.®�. ° Chicago St - Bode Rd S,0 ®®w sae N .,„;iuyeS y /h litBent St I.. Route 20 H. NI 1 Nli a 5/ r=r,111.11\ . "ri l. Ellme West Banlett Rd Mil_ City of Elgin Gifford/Spaulding Zone Route 20 Zone Madeline Lane Zone 14) •• Downtown Zone North State St.Zone 3 Foot Wide Zone Enonrprise Zones - Overall Map prepared by the City of Elgin-Department of Comp(L velopmenl-June 2008 A ✓ EXHIBIT B THREE FOOT WIDE ENTERPRISE ZONE A THREE FOOT WIDE STRIPE LYING WITHIN THE EXISTING RIGHT OF WAY LINES OF ILLINOIS ROUTE 31 (STATE STREET), BIG TIMBER ROAD AND MADELINE DRIVE OF PARTS OF SECTIONS 4, 5, 10 AND 11 IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN AND SECTION 31 IN TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF SAID ILLINOIS ROUTE 31 AND THE SOUTH RIGHT OF WAY LINE OF BIG TIMBER ROAD; THENCE WESTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF SAID BIG TIMBER ROAD TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF MCLEAN BOULEVARD; THENCE CONTINUING WESTERLY AND NORTHWESTERLY ALONG THE SOUTH AND SOUTHWESTERLY RIGHT OF WAY LINE OF SAID BIG TIMBER ROAD TO THE WEST RIGHT OF WAY LINE OF JANSEN FARM DRIVE; THENCE CONTINUING NORTHWESTERLY ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID BIG TIMBER ROAD TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF RANDALL ROAD; THENCE CONTINUING NORTHWESTERLY ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID BIG TIMBER ROAD TO THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF GATEWAY DRIVE; THENCE CONTINUING NORTHWESTERLY ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID BIG TIMBER ROAD TO THE INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF MADELINE LANE; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF SAID MADELINE LANE TO THE NORTHWEST CORNER OF LOT 1 IN RANDALL POINT BUSINESS PARK, BEING A SUBDIVISION OF PART OF FRACTIONAL SECTION 5, TOWNSHIP 41 NORTH, RANGE 8 EAST AND SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NUMBER 2007K005759 AND DATED JANUARY 11, 2007 AND AN INSTRUMENT OF CORRECTION RECORDED FEBRUARY 15, 2007 AS DOCUMENT NUMBER 2007K018464, IN KANE COUNTY, ILLINOIS; THENCE SOUTH ALONG THE EAST RIGHT OF WAY LINE OF SAID MADELINE LANE AND THE WEST LINE OF SAID LOT 1, 361.14 FEET TO THE NORTHWEST CORNER OF THE FOLLOWING DESCRIBED PARCEL: r Y . . PART OF LOT 1 AND LOT 6 OF RANDALL POINT BUSINESS PARK BEING A SUBDIVISION OF PART OF FRACTIONAL SECTION 5, TOWNSHIP 41 NORTH, RANGE 8 EAST AND A PART OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NUMBER 2007K005759 AND DATED JANUARY 11TH, 2007 AND A INSTRUMENT OF CORRECTION RECORDED FEBRUARY 15, 2007 AS DOCUMENT NUMBER 2007K018464, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 88 DEGREES 44 MINUTES 31 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 1, 665.16 FEET; THENCE NORTH 00 DEGREES 29 MINUTES 38 SECONDS EAST, 746.32 FEET; THENCE NORTH 58 DEGREES 00 MINUTES 37 SECONDS WEST, 101.35 FEET TO A POINT ON A CURVE, SAID POINT ALSO BEING ON THE EAST RIGHT-OF-WAY OF MADELINE LANE HERETOFORE DEDICATED PER DOCUMENT NUMBER 2007K005759; THENCE THE FOLLOWING TWO COURSES ALONG THE EAST RIGHT-OF-WAY LINE OF SAID MADELINE LANE; 1.) THENCE NORTHEASTERLY, 121.48 FEET ALONG A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 221.00 FEET, CHORD DISTANCE OF 119.96 FEET AND CHORD BEARING OF NORTH 16 DEGREES 14 MINUTES 30 SECONDS EAST TO A POINT OF TANGENCY; 2.) THENCE NORTH 00 DEGREES 29 MINUTES 38 SECONDS EAST, 74.73 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 22 SECONDS EAST, 720.69 FEET TO THE EAST LINE OF SAID LOT 1; THENCE SOUTH 00 DEGREES 36 MINUTES 40 SECONDS WEST ALONG SAID EAST LINE 969.12 FEET TO SAID POINT OF BEGINNING, ALL IN KANE COUNTY, ILLINOIS. r