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S9-09 Ordinance No. S9-09 AN ORDINANCE TO DELETE TERRITORY FROM 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, the designation of a River Edge Redevelopment Zone pursuant to 65 ILCS 115/10-1 et seq., is being considered for certain areas within the City of Elgin; and WHEREAS, portions of the potential River Edge Redevelopment Zone include areas within the existing City of Elgin Enterprise Zone and such areas within the City of Elgin Enterprise Zone must be deleted from the Enterprise Zone prior to the creation of the River Edge Redevelopment Zone; and WHEREAS, the City conducted a public hearing concerning the proposed deletion of territory from the City of Elgin 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, Ordinance No. S29-04, and Ordinance No. S8-08, are hereby further amended by deleting therefrom the territory depicted in Exhibit A as the Area to be Deleted and legally described in Exhibit B, attached hereto, to the list of exhibits within Section III and thereby deleting from the territory of such Enterprise Zone the property depicted in Exhibit A and legally described in Exhibit B attached hereto. 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 That all ordinances and parts thereof in conflict herewith are expressly repealed and are of no further force and effect.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 documentation as may be required by the Illinois Department of Commerce and Economic Opportunity and to otherwise take such action as may be necessary on behalf of the City of Elgin to obtain certification by the Department of Commerce and Economic Opportunity of the amendment and deletion of territory from the Enterprise Zone herein provided. 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 and deletion of territory from the Enterprise Zone pursuant to Section 5.4 of the Act. Ed Schock, Mayor Presented: November 18, 2009 Passed: November 18, 2009 Vote: Yeas: 7 Nays: 0 Recorded: November 19, 2009 Published: Attest: Diane Robertson, City Clerk t � aLine represents a T wide zone in the R.O.W. of a : , . . Congdon Av., :. ,n - : W/ng C ® rn Park Bode Rd Chicago St - ,p , Line represents Beni St .s x" a 3'wide zone in the R.O.W. Route 20 . . , g ,- . ,k4 2 West Bartlett Rd City of Elgin Gifford/Spaulding Zone Route 20 Zone Madeline Lane Zone r7lArea to be Delett Enterprise Zone - Overall 0 Downtown Zone North State St.Zone 3 Foot Wide Zone Map prepared by the City of Elgin-Department of Community Development-Nov. Part To Be Deleted From The Enterprise Zone: Madeline Lane Zone: A Three Foot Wide Stripe Lying Within The Existing Right of Way Lines Of Illinois Route 31 (State St) 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 Blvd; Thence Continuing Westerly And Northwesterly Along The South And Southwesterly Right-Of-Way Line Of Said Big Timber Rodd To The West Right-Of-Way Line Of Jansen Farm Drive; Thence Continuing Northwesterly Along The Southwesterly Right-Of- Way Line Of 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 The 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 2007KO05759 And Dated January 11, 2007 And An Instrument Of Correction Recorded February 15, 2007 As Document Number 2007KOI8464, 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 Comer Of The Following Described Parcel: 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 2007KO05759 And Dated January 11`x', 2007 And A Instrument Of Exhibit B Correction Recorded February 15, 2007 As Document Number 2007KO18464, 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 Following Two Courses Along The East Right-Of-Way Line Of Said Madeline Lane; 1. Thence Northwesterly, 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, 74.38 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. Tyler Business Park (N. State St) Zone: That Part Of Sections 2, 11 And 14, Township 41 North, Range 8 East Of The Third Principal Meridian, Described As Follows: Beginning At The Intersection Of The Centerline Of Kimball Street And The West Bank Of The Fox River; Thence Westerly, Along Said Centerline To The Intersection With The Centerline of State Street (Illinois Route 31), Said Point Also Being The Centerline of State Street And Lawrence Avenue; Thence Southwesterly Along The Centerline Of Lawrence Avenue To The Intersection With The Westerly Line Extended Southerly Of Crystal Avenue; Thence Northerly And Northwesterly, Along Said South Southerly Extension and Said Westerly Line Of Crystal Avenue, To The Intersection With The Southwesterly Line Of Wing Street; Thence Northerly, Perpendicular To Said Southwesterly Line Of Wing Street, To The Northerly Line Of Said Wing Street; Thence Southeasterly Along Said Northeasterly Line Of Wing Street, To The Intersection With The Westerly Line Of Crystal Avenue; Thence Northerly, Along Said Westerly Line Of Crystal Avenue, To The Intersection With The Northerly Line Of Buckeye Street; Thence Westerly To The Southeast Corner Of Lot 4, Block 2 In Summit Addition, Being A Subdivision Of Part Of Aforesaid Section 11; Thence Northerly, Along The Westerly Line Of Said Lot 4 To The Southwest Corner Of Lot 4, Block I In West Park Addition, Being A Subdivision Of Part Of The Aforesaid Section 11; Thence Northerly Along The Westerly Line Of Said Lot 4 To The Northwest Corner Of Lot 4; Thence Easterly, Along The Northerly Line Of Said Lot 4, Also Being The Southerly Right-Of-Way Line Of Schiller Street, To The Northeast Corner Of Said Lot 4; Thence Northerly To The Intersection With The Northerly Right-Of-Way Line Of Said Schiller Street, And The Westerly Right-Of-Way Line Of Crystal Avenue; Thence Northerly, Along Said Westerly Right-Of-Way Line Of Crystal Avenue, And The Northerly Extension Of Said Right-Of-Way Line To The Intersection With The Northerly Right-Of-Way Line Of Goethe Street; Thence Easterly Along The Northerly Right-Of-Way Line Of Said Goethe Street, And The Easterly Extension Of Said Northerly Right-Of-Way Line To The Intersection With The Northeasterly Right-Of-Way Line Of The Chicago And Northwestern Transportation Company; Thence Northwesterly, Along Said Northeasterly Right-Of-Way Line To The Southeast Corner Of Lot 6 In Elgin Industrial Park, Unit No. 2, Being A Subdivision Of Part Of Aforesaid Section 10, Thence Northerly, Along The Easterly Line Of Said Lot 6 And The Northerly Extension Of Said Easterly Line To The Intersection With The Northerly Right-Of-Way Line Of Big Timber Road; Thence Easterly, Along Said Northerly Right-Of-Way Line To The Intersection With The Current Westerly Right-Of-Way Line Of State Street (Illinois Route 31); Thence Easterly To The Intersection With The Current Easterly Right-Of-Way Line Of Said State Street, And The Northerly Right-Of-Way Line Of Big Timber Court; Thence Easterly, Along Said Northerly Line Of Big Timber Court To The Intersection With The Westerly Line Extended Northerly Of Lot 9, Block 2 In Sadler's Addition,Being A Subdivision Of Part Of Aforesaid Section 11; Thence Southerly Along Said Northerly Extension And Westerly Line Of Said Lot 9 To The Southwest Corner Of The North Half Of Said Lot 9; Thence Easterly, Along The Southerly Line Of Said North Half Of Lot 9 And The Southerly Line Of The North Half Of Lot 8 In Block 2 In Aforesaid Sadler's Addition To The Southeast Corner Of Said North Half Of Lot 8; Thence Southerly Along The Easterly Line Of Said Lot 8 And The Easterly Line Of Lot 11, Block 2 In Said Sadler's Addition And The Southerly Extension Of Said Easterly Line Of Lot 11 To The Intersection With The Southerly Right-Of-Way Line Of Belle Avenue; Thence Westerly, Along Said Southerly Right-Of-Way Line Of Belle Avenue, To The Northwest Corner Of Lot 9, Block 5 In Said Sadler's Addition; Thence Southerly, Along The Westerly Line Of Said Lot 9 To The Southwest Corner Of Said Lot 9; Thence Easterly Along The Southerly Line Of Said Lot 9 And The Southerly Line Of Lot 8,Block 5 In Aforesaid Sadler's Addition To The Southeast Corner of Said Lot 8; Thence Southerly Along The Easterly Line Of Lot 11, Block 5 In Said Sadler's Addition To The Southeast Comer Of Said Lot 11, Said Corner Being On The Northerly Right- Of-Way Line Of Jerusha Avenue; Thence Easterly Along Said Northerly Right-Of-Way Line, To The Intersection With The Westerly Bank Of The Fox River; Thence Southerly Along Said Westerly Bank Of The Fox River To The Point Of Beginning, Excepting There from That Park Of The Commuter Rail Division Of The Regional Transportation Authority Property Lying Southerly Of The Northerly Line Of Owasco Avenue (Now Vacated), Extended Easterly And Lying Northerly Of The Southerly Line Extended Westerly Of Lot 8, Block 15 In Aforesaid Sadler's Addition Situated In The City Of Elgin, Kane County, Illinois. Downtown Zone: That Part Of The Northeast Quarter Of Section 14, Township 41 North, Range 8 East, Of The Third Principal Meridian, Described As Follows: Beginning At A Point Of Intersection of Highland Avenue With The East Bank Of The Fox River; Thence Northwesterly To The East Bank Of The Fox River And The Intersection With Right-Of-Way Centerline Of Kimball Street; Thence Southwesterly Along Said Kimball Street Centerline Of The Intersection With The Right-Of-Way Centerline Of State Street (Illinois Route 31); Thence Continuing In A Southwesterly Direction Along The Right-Of-Way Centerline Of Lawrence Avenue, To The Point Of Intersection With The Right-Of-Way Centerline Of Crystal Avenue; Thence Southeasterly Along Said Crystal Avenue Centerline To The Intersection With The Right-Of- Way Centerline Of South Street; Thence Northeasterly Along Said South Street, To The Intersection With The Right-Of-Way Line Of State Street; Thence Northwesterly Along Said Centerline To The Intersection With The Right-Of-Way Centerline Of Chicago Street; Thence Northeasterly Along Said Chicago Street, To The East Bank Of The Fox River; Thence Northeasterly Along The East Bank Of The Fox River To The Place Of Beginning. Being Situated In The City Of Elgin, Kane County, Illinois. Also: That Part Of The Northeast Quarter Of Section 14 Township 41 North, Range 8 East Of The Third Principal Meridian, Described As Follow: Commencing At The Northeast Corner Of The Northeast Quarter Of Said Section 14 Thence Southerly Along The Easterly Section Line a Distance Of 247.5 Feet To The Southerly Right-Of-Way Line of Ann St; Thence Easterly Along The Southerly Right-Of-Way Line Of Ann Street, A Distance Of 20 Feet To The Northeast Corner of Lot 3 In PJ Kimball Jr.'s 3'd Addition To The Point Of Beginning: Thence Westerly Along The Southerly Right-Of-Way Line Of Ann Street, A Distance Of 380 Feet To The Westerly Right-Of-Way Line Of Douglas Avenue; Thence Northerly 633.5 Feet Along The Westerly Right-Of-Way Line Of Douglas Avenue, To The Southerly Right-Of-Way Line Of Seneca Street; Thence Westerly 921.25 Feet Along The Southerly Right-Of-Way Line Of Seneca Street, To The Westerly Right-Of-Way Line Of Grove Avenue; Thence Southerly Along The Westerly Right-Of-Way Line Of Grove Avenue, A Distance Of 1295 Feet To The Northerly Right-Of-Way Line Of Kimball Street; Thence Westerly Along The Northerly Right-Of-Way Line Of Kimball Street, A Distance Of 505 Feet To The East Bank Of The Fox River; Thence Southeasterly Along The East Bank Of The Fox River A Distance Of 6345 Feet To The Southerly Subdivision Line Of Sherman's Addition; Thence Easterly Along The Southerly Subdivision Line Of Sherman's Addition, A Distance Of 739 Feet To The Westerly Right-Of- Way Line Of The Union Pacific Railroad; Thence Northerly And Northwesterly Along The Westerly Right-Of-Way Line Of The Union Pacific Railroad A Distance Of 1215 Feet; Thence Easterly A Distance Of 160 Feet To The Northwest Corner of Lot 4 In Block 2 Of Sherman's Addition; Thence Northeasterly A Distance of 324.5 Feet To The Westerly Right-Of-Way Line Of Raymond Street; Thence Northwesterly Along The Westerly Right-Of-Way Line Of Raymond Street, A Distance Of 461 Feet To The Northerly Right-Of-Way Line Of National Street; Thence Northeasterly Along The Northerly Right-Of-Way Line Of National Street A Distance Of 465 Feet To A Point Which Is 44 Feet South Of The Southerly Right-Of-Way Line Of Villa Street; Thence Northerly 44 Feet To The Southerly Right-Of-Way Line Of Villa Street; Thence Northwesterly Along The Southerly Right-Of-Way Line Of Villa Street, A Distance Of 1945.5 Feet To The Westerly Right-Of-Way Line Of Geneva Street Extended; Thence Northerly Along The Westerly Right-Of-Way Line Of Geneva Street, A Distance Of 1413 Feet To The Northerly Right-Of-Way Line Of Division Street; Thence Easterly Along The Northerly Right- Of-Way Line Of Division Street, A Distance Of 483 Feet To The Westerly Right-Of-Way Line Of College Street; Thence Northerly Along The Westerly Right-Of-Way Line Of College Street, A Distance Of 708 Feet To The Southerly Right-Of-Way Line Of Park Street; Thence Westerly Along The Southerly Right-Of-Way Line Of Park Street, A Distance Of 650.25 Feet To The Westerly Right-Of-Way Line Of Dundee Avenue; Thence Northeasterly Along The Westerly Right-Of-Way Line Of Dundee Avenue, A Distance Of 410 Feet To The Southerly Right-Of- Way Line Of Kimball Street; Thence Westerly Along The Southerly Right-Of-Way Line Of Kimball Street, A Distance Of 767 Feet To The Westerly Right-Of-Way Line Of Spring Street; Thence Northerly Along The Westerly Right-Of-Way Line Of Spring Street, A Distance of 660 Feet To The Point Of Beginning, All Within The City Of Elgin, Kane County, Illinois.