HomeMy WebLinkAboutRESOLUTION - 43-03 - 6/17/2003 - ANNEXATION AGMT NICORRESOLUTION NO. 43-03
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF
ELK GROVE VILLAGE AND NICOR FOR PROPERTY GENERALLY
LOCATED SOUTH OF 1-90, NORTH OF HIGGINS ROAD AND WEST OF
ELMHURSTROAD
WHEREAS, on June 17, 2003, a Public Hearing was held pursuant to
Section 65 ILCS 5111-15.1 et seq of the Illinois Municipal Code to consider the
approval of an Annexation Agreement between the Village of Elk Grove Village
AS cp22eGTED
and NICOR, and
WHEREAS, as a result of the testimony and evidence presented at said
Public Hearing, the Mayor and Board of Trustees of the Village of Elk Grove
Village, find and believe it to be in the best interest of the Village that the
Annexation Agreement between the Village and Owner be approved.
NOW, THEREFORE BE IT RESOLVED, by the Mayor and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage
Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign an
Annexation Agreement between the Village of Elk Grove Village and NICOR, a
copy of which is attached hereto and made a part hereof, and the Village Clerk is
authorized to attest said document upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and
after its passage and approval according to law.
VOTE. AYES: *7 NAYS: 0 ABSENT: 0
PASSED this 17ei day of June 2003
APPROVED this 17th day of June 2003
ATTEST.
Ann I. Walsh
Village Clerk
APPROVED:
Craig B. Johnson, Mayor
Rw#peinsMoo` dx
*
AYES: Trustees J. Petri, C. Prochno, N. Czarnik, B. Dill, P. Feichter,
S. Ussner, Mayor Johnson
2
Annexation Agreement
Between
Northern Minois Gas Company, doing business as Nicor Gas
The Village of Elk Grove Village, Illinois
This Annexation Agreement (hereinafter, the "Agreement") is made this 17th
day of June 2003 by and between the Village of Elk Grove Village, an Illinois
Municipal Corporation and home -rule unit located in Cook and DuPage Counties,
Illinois (hereinafter, the "Village"), Northern Illinois Gas Company, an Illinois
corporation doing business as Nicor Gas, (hereinafter, "Owner') hereinafter collectively
referred to as "Parties".
RECITALS:
A. Owner is the owner of certain real estate in Cook County Illinois (hereinafter,
the "Pipeline Right -of -Way" or "subject property') that is configured as two contiguous
parcels with various dimensions as depicted on the attached Plats of Annexation (with
legal descriptions included thereon) identified as Exhibit A and Exhibit B hereto. The
Pipeline Right -of -Way is improved with underground high-pressure natural gas
transmission pipelines, valves, maintenance facilities, cor mnunication transmission
equipment for gas line monitoring purposes, and other utility -related facilities.
B. The Pipeline Right-of-way does not lie within the corporate limits of any
municipality and is contiguous to, and may be annexed to the Village as provided by
law.
C. Owner has submitted a duly executed petition for Annexation to the Village,
which requests annexation of the Pipeline Right-of-way to the Village.
D. The territory to be annexed to the Village pursuant to said Petition for
Annexation and this Agreement is described and depicted in the Plat of Annexation
attached as Exhibit A hereto.
E. A proposed annexation agreement, in substance and form substantially the same
as this Agreement, was submitted to the Village, and all notices, publications,
procedures, public hearings and other matters attendant to the consideration and approval
of the execution of this Agreement have been given, made, held and performed by the
Village in accordance with the provisions of Illinois Compiled Statutes, 65 ILCS 5/11-
15.1-1 et seq, and by all applicable ordinances, regulations and procedures of the Village.
F. The Elk Grove Village Comprehensive Land Use Map (Adopted by Elk Grove
Village Ordinance 02100) identifies the subject property as being in the future annexed
into the Village with a zoning classification identified as I-1 industrial.
G. The Village acknowledges that the proposed zoning and development of the
Pipeline Right -of -Way will be compatible with the planning objectives of the Village and
that the annexation of the Pipeline Right-of-way will extend the corporate limits and
jurisdiction of the Village, will permit orderly growth, planning and development of the
Village, and will promote and enhance the general welfare of the Village.
H. Following the required public hearing(s), the Village, by a vote of at least
2/3 of the Corporate Authorities holding office, has authorized and directed the Mayor to
execute and the Village Clerk to attest this agreement on behalf of the Village.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants
and agreements set forth herein, the Parties hereby agree as follows:
L Incorporation of Recitals. The Parties confirm and admit the truth and validity
of the representations and recitations set forth in the foregoing recitals. The Parties
further acknowledge that the same are material to this Agreement and are hereby
incorporated into this Agreement as though they were fully set forth in this
Paragraph 1.
2. Authority, This Agreement is made and entered into by the Parties pursuant to
Illinois Compiled Statues 65 ILCS 5/7 and 65 ILCS 5/11-15.1-1 and in accordance with
the home rule authority of the Village.
3. Mutual Assistance/Recording of Documents. The Parties shall take all actions
necessary and appropriate to carry out the terms and provisions of this Agreement and to
aid and assist each other in furthering the intent of the Parties as reflected by the terms of
this Agreement, including, without limitation, the holding of such public hearings and the
enactment by the Village of such resolutions and ordinances, the execution of such
permits, applications and agreements and the taking of such other actions as may be
necessary to enable the Parties to comply with the terms and provisions of this
Agreement. Elk Grove Village will record this Annexation Agreement and all documents
associated with this Annexation Agreement at its sole cost and expense, and will
indemnify Owner from any and all costs related to any such actions as contained in this
Paragraph 3.
4. Village Warranty as to NecesM Stens, The Village will take such actions as
may be required and necessary to bring about the amendments, exceptions and variances
to its Zoning Ordinance and its other ordinances, codes and regulations, and the adoption
of such other ordinances, exceptions and variances, as may be necessary or proper in
order to zone and classify the Property in the manner described in Paragraph 6 of this
Agreement and to enable the Village to execute this Agreement and to fully carry out and
perform the terms, covenants, agreements, duties and obligations on its part to be kept
and performed as created and imposed by the terms and provisions hereof, all at the
Village's sole cost and expense.
5. Annexation. At the same meeting of the Corporate Authorities at which
execution of this Agreement is authorized, or at the first regular meeting of the Corporate
Authorities following said meeting, the Village shall annex the Pipeline Right -of -Way
and such adjoining territory as is permitted by law by adopting ordinances providing for
such annexation. The Village shall notify all entities and persons of such annexation in
accordance with any and all statutory and ordinance requirements at its sole cost and
expense.
6. Zoning. At the same meeting of the corporate authorities at which execution of
this Agreement is authorized, or at the fust regular meeting of the Corporate Authorities
following said meeting, but subsequent to the adoption of the ordinances referenced in
Paragraph 5 of this Agreement, the Village shall adopt an ordinance amending the
Village's zoning map to reflect the annexation and zoning of the property as I-1.
Notwithstanding anything contained herein to the contrary, any and all provisions of the
Village's Zoning Ordinance, subdivision regulations and other ordinances then and
thereafter applicable to the Pipeline Right -of -Way shall not apply insofar as such
provisions restrict the use of such property by Owner, its successors and assigns, for any
Purposes as required in its business as now or hereafter conducted.
7. Continued Use. Elk Grove Village recognizes that the subject property is
currently utilized as utility right-of-way for the transmission of natural gas through
underground pipes and facilities. Owner shall have the right, in its sole discretion, to
operate, maintain, reconstruct and remove its existing pipelines and facilities installed in
the Pipeline Right -of -Way and to construct, reconstruct, install, operate, maintain and
remove such additional pipelines and above and below ground facilities in the Pipeline
Right-of-way as may be deemed by it to be in the best interests of Owner's business as
now or hereafter conducted.
8. Improvements by Others Owner may frort► time to time in its sole discretion,
by license, lease or easement agreement, permit the Village or other parties to construct
and own surface and subsurface improvements on the Pipeline Right -of -Way in a
manner which does not interfere with the facilities and operations of Owner on the
Pipeline Right-of-way. Such improvements may include, but are not limited to,
roadways; driveways, pipelines, parking lots and landscaping material. No such
improvements may be installed or maintained on the Pipeline Right-of-way without the
express permission of Owner as contained in a written license, lease or casement
agreement, for which Owner shall require reasonable compensation. The terms and
conditions contained in such license, lease or easement agreement shall fully govern the
relationship and responsibilities of the Parties as to each such improvement.
Improvements upon the property will require necessary permits from Elk Grove
Village, which permits shall not be unreasonably withheld.
9. Fee Waiver, Elk Grove Village hereby waives any and all annexation fees,
charges, or costs normally attributable to Owner and shall indemnify Owner from any
fees, charges or costs in any way arising as a result of the annexation of the Pipeline
Right -of -Way.
10. Rebate of Additional Property Taxes paid. Village recognizes that annexation
of subject property into the Village will result in Owner paying property taxes to the
Village of Elk Grove, the Elk Grove Village Library, and possibly other Village -related
taxing bodies. Elk Grove Village agrees to rebate to Owner any property taxes paid to
Village, Library or other such Village -related taxing bodies for the duration of this
agreement which result from the annexation of the subject property.
Village will rebate property taxes back to Owner subject to Owner providing
Village with a copy of its Cook County property tax invoice, which invoice specifically
lists the amount of property taxes owed to "Village of Elk Grove, Elk Grove Village
Library, or other such Village -related taxing bodies" for the Property Index Numbers
identifying the subject property. The exact amount owed to "Village of Elk Grove, Elk
Grove Village Library, or other such Village -related taxing bodies" as identified on the
property tax invoice for the subject property will be the amount rebated back to Owner
by Village.
Owner shall mail their property tax invoice and rebate request to the following:
Director of Finance
Village of Elk Grove
901 Wellington Avenue
Elk Grove Village, I160007
Village shall treat the payment of the rebate in the same manner as all other
invoices for payment.
11. General Provisions.
A. Remedies. Upon a breach of this Agreement, any Party, in any court of
competent jurisdiction, may be awarded damages or may obtain equitable relief
in the form of, but not limited to, specific performance, without showing lack of
adequate remedy at law, or both. Notwithstanding the foregoing, before the
failure of any Party to perform its obligations under this Agreement shall be
deemed to be a breach of this Agreement, the Party claiming such failure shall
notify, in writing, the Party alleged to have failed to perform of the alleged failure
and shall demand performance. No breach of this Agreement may be found to
have occurred if performance has commenced to the reasonable satisfaction of
the complaining Party within thirty (30) days of receipt of such note.
E. All Actions Taken, The Village confirms that it has taken or shatItake
all action required by law to enable it to execute this Agreement and to perform
the covenants and conditions of this Agreement.
C. Captions. The captions of paragraphs herein are inserted only for
convenience and are in no way to be construed as a part of this Agreement or as a
limitation of the scope of the particular sections to which they refer.
D. Term. This Agreement shall be binding upon the parties for a term of
fifteen years from the date of this Agreement; provided, however, that the
ordinances adopted by the Village pursuant to Paragraphs 5 and 6 of this
Agreement and the terms and conditions of Paragraphs 6, 7 and 8 shall continue
in force after the term of this Agreement.
E. Succession. The terms and provisions of this Agreement shall
constitute a covenant running with the land of the Pipeline Right -0f -Way and be
binding upon, inure to, extend to, and be for the benefit of the corporate successor
and assigns of Owner and successor Corporate Authorities of the Village and its
successor municipalities.
N. Amendment. This Agreement and any exhibits attached hereto may be
amended only by the mutual consent of the Parties, or their successors and
assigns, by adoption of an ordinance or resolution by the Village approving said
amendment as provided by law, and the execution of said amendment by the
Parties or their successors in interest. The ordinances adopted by the Village
pursuant to Paragraphs 5 and 6 of this Agreement shall not be amended or
repealed with respect to the Pipeline Right -of -Way without the written approval
of the owners of those parts or portions of the Pipeline Right -of -Way which
would be affected by such amendment or repeal.
G. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of State of Illinois.
H. Amh2dty, Owner and Village warrant and represent that they have the
power and authority to enter into this Agreement in the names, title and capacities
herein stated and on behalf of the entities represented or purported to be
represented by such Parties and that all formal requirements necessary or required
by'any municipal, state or federal rules, regulations, orders, decrees, charters,
bylaws, indentures, ordinances and laws in order for them to enter into this
Agreement have been fully satisfied.
I. Notice. All notices, elections and other communications between the
parties hereto, unless otherwise signified, shall be in writing and shall be mailed
by certified mall, return receipt requested, postage prepaid, or delivered
personally, to the parties at the following addresses, or at such other addresses as
the Parties may, by notice, designate:
If: to the Village: to Owner
Village Manager Manager Real Estate
Village of Elk Grove Nicor Gas
901 Wellington Avenue P.O. Box 190
Elk Grove Village, Il 60007 Aurora, IL 60507
With copies to:
Village Clerk
Village of Elk Grove
901 Wellington Avenue
Elk Grove Village, I160007
With conies to:
Vice President & General Counsel
1844 Perry Road
Naperville, IL 60563
Notices shall be deemed received on the third business day following deposit
in the U.S.Mail if given by certified mall as aforesaid, and upon receipt or refusal
if personally delivered.
J. Entire A ment. This Agreement supersedes all prior agreements,
negotiations and exhibits and is a full integration of the entire agreement of the
Parties. The exhibits to this Agreement are hereby expressly incorporated herein.
K Counterparts and Duplicate Originals. This Agreement may be
executed in any number of counterparts and duplicate originals, each of which
shall be deemed an original, but all of which shall constitute one and the same
instrument.
L. List of Exhibits.
Exhibits A and B - Plats of Annexation and Legal Descriptions
Execution:
By: Craig B. Jotmson By:
Craig B. Johnson, Mayor
GeorgeBehrens Vice President
Dater _06/17/03
Attest:
Ann .I. Waiab
Ann I. Walsh, Village Clerk
Date:_ &.11 tri (0 3
Attest:
Assistant Seacetam
I
EXHIBIT A .
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PROMMONA I ::NOI$ LAND SURVEYORc
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VMS Nicor Gan clainawp{�tere4t'in that part of the aforemutioaedproperty 1yipS
ngrth of the centerline of Ogkton Street.
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RENSED APWL 28, 2005 SBC.
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W1AGE UMTS AOOED APRIL 1, 2003 '
AS PER ORDER NO. 103569 .
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