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Home My WebLink AboutRESOLUTION - 32-21 - 6/15/2021 - MWRD Joint Amendment,Modification and Termination of Annexation 2110-2550 HigginsRESOLUTION NO.32-21 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A JOINT AMENDMENT, MODIFICATION, AND TERMINATION OF ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO (2110-2550 HIGGINS ROAD) WHEREAS, on June 15, 2021, a public hearing was held pursuant to Section 65 ILCS 5/11-15.1, et seq. of the Illinois Municipal Code to consider the approval of a Joint Amendment, Modification, and Termination of Annexation Agreement between the Village of Elk Grove Village and the designated owners of property to be annexed to the Village; 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 Joint Amendment, Modification, and Termination of Annexation Agreement between the Village and designated owners 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, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign a Joint Amendment, Modification, and Termination of Annexation Agreement between the Village of Elk Grove Village and the designated owners 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: 6 NAYS: 0 ABSENT: 0 PASSED this 151h day of June 2021. APPROVED this 15' day of June 2021. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk P.I.N. 08-26-102-037-0000 08-26-200-016-0000 08-26-400-012-0000 Return to: Village Clerk Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007 (For Recorder's Use Only) Joint Amendment. Modification, and Termination of Annexation Agreement This JOINT AMENDMENT, MODIFICATION, AND TERMINATION OF ANNEXATION AGREEMENT (this "Agreement") is entered into as of the _ day of 2021 (the "Effective Date"), by and between the VILLAGE OF ELK GROVE VILLAGE, an Illinois home rule municipal corporation (the "Village"), and the METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a body corporate and politic (the "MWRD") (collectively, the "Parties"). RECITALS WHEREAS, the Village and the MWRD entered into that certain Annexation Agreement on March 15, 2018 (the "Annexation Agreement") relating to approximately 41 acres of District real estate commonly known as the Majewski Reservoir Site ("Subject Property"); WHEREAS, on April 15, 2021, the MWRD's Board of Commissioners authorized the MWRD to mutually terminate the Annexation Agreement with the Village and to take the necessary steps to effectuate the disconnection of the Subject Property from the Village (MWRD File No. 21-0357); WHEREAS, in accordance with the terms and conditions hereinafter provided, the Village and the MWRD mutually desire to modify, amend, and terminate the Annexation Agreement effective as of the Effective Date. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by all Parties, the Parties hereby agree as follows: 1. Recitals. The above recitals are hereby incorporated into the body of this Agreement, as though separately and specifically set forth herein. 2. Defined Terms. Any capitalized terms used, but not defined, in this Agreement shall be deemed to have the same meanings respectively ascribed to those terms in the Annexation Agreement. 3. Recordation. Within 30 days after the full execution and delivery of this Agreement, the Village shall record this Joint Amendment, Modification, and Termination of the Agreement against the Subject Property with the office of the Cook County Recorder of Deeds. 4. Amendment, Modification, and Termination. Pursuant to 15.1 of the Annexation Agreement, the Parties hereby agree to the following amendments and modifications: a. Section 14.1 shall be revised to permit MWRD to disconnect from the Village pursuant to 65 ILCS 5/7-3-4 upon execution of this Agreement by the Parties, provided that MWRD file a petition for said disconnection within thirty (30) days of the execution of this Agreement by the Parties. Upon receipt of a petition for disconnection from MWRD that is in compliance with 65 ILCS 5/7-3-4, the Village shall place the disconnection on its Board agenda for the first meeting that occurs after thirty (30) days from the filing of the petition by the Village Clerk for vote on the ordinance approving said disconnection. b. Section 16.1 of the Notice provision shall be amended and modified such that the Notice to the Village shall be directed to the attention of the Village Corporation Counsel. Further, with a copy to: Cynthia S. Grandfield Del Galdo Law Group, LLC 111 N. Wabash, Suite 908 Chicago, Illinois 60602 Fax: (708) 222-7001 grandfield@dlglawgroup.com C. Section 8.1 of the Annexation Agreement shall be modified and amended from a term of twenty (20) years to a term to end immediately upon the completion of any disconnection by MWRD from the Village. The MWRD's disconnection shall be deemed complete, and the Annexation Agreement terminated, upon the Village's passing of an ordinance with respect to the disconnection pursuant to 65 ILCS 5/7-3- 4. 5. Petition for Disconnection. The Petition for Disconnection to be filed by the MWRD is attached hereto as Exhibit A. 6. Authority. Each of the Village and the MWRD represent and warrant to the other that it has full power and authority to enter into this Agreement. 7. Counterparts. This Agreement may be executed and delivered in two or more counterparts, each of which shall be deemed an original document and all of which together shall constitute a single binding agreement. A fully executed .pdf or facsimile copy of this Agreement shall be effective as an original. 8. Costs. Any costs, fees, and expenses necessary to carry out this Agreement and to disconnect the Subject Property shall be paid for by the Village. IN WITNESS WHEREOF, the Parties have executed this Agreement, by their duly authorized representatives, as of the date first written above. VILLAGE OF ELK GROVE VILLAGE, an Illinois home rule municipal corporation Craig B. Johnson Mayor ATTEST Loretta Murphy Village Clerk The foregoing instrument was acknowledged before me by , Mayor, and , Village Clerk, this day of . 2021. -seal- Notary Public METROPOLITAN WATER ATTEST RECLAMATION DISTRICT OF GREATER CHICAGO, a body By: corporate and po acq lin Torres Clerk By Marcelino Chairman, Committee on Finance The foregoing instrument was acknowledged before me by m a re -eb h o 0- rf ik , Chairman, Committee on Finance, and ja cry u e it rr, -Fv r r,e~.S , Clerk, this A&4 ' day ofA 4244_, 2021. Ir -seal- Notary Publo APPROVED AS TO FORM AND LEGALITY: Head Ass -ant Attorney M �cwlac s /ck-yyv- General Counsel APPROVED: Executive Director =,blyi! tlALDEZSEALte of Illinoisn Expires022 Exhibit A PETITION FOR DISCONNECTION FROM THE VILLAGE OF ELK GROVE VILLAGE COOK COUNTY, ILLINOIS To: The Village President and Board of Trustees Village of Elk Grove Village, Cook County, Illinois c/o Village Clerk 901 Wellington Avenue Elk Grove Village, IL 60007 Pursuant to 65 ILCS 5/7-3-4 and the Joint Amendment, Modification, and Termination of Annexation Agreement entered into between the parties, the undersigned petitioner ("Petitioner") hereby files this petition ("Petition") with the Clerk of the Village of Elk Grove Village (the "Village") requesting that the property legally described on Exhibit A attached hereto (the "Property") be disconnected from the Village. In support of this Petition, Petitioner further states, to the best of its knowledge, as follows: The Petitioner is the owner of record of the Property; 2. The Property is located upon the border but within the boundary of the Village; 3. Attached to this Petition is a certificate from the Clerk of Cook County showing that the Property is exempt from real property taxes and, therefore, that all Village taxes or assessments due up to the time of presenting this Petition are fully paid; and 4. This Petition is filed at least 30 days before it will be considered by the Village President and Board of Trustees. NOW, THEREFORE, PETITIONER HEREBY REQUESTS THAT: A. Pursuant to 65 ILCS 5/7-3-4, the Village President and Board of Trustees disconnect the Property by adopting an ordinance by a majority of the members elected to the Board of Trustees; B. Pursuant to 65 ILCS 5/7-3-5, the Village Clerk file for recordation with the office of the Cook County Recorder of Deeds a certified copy of the ordinance disconnecting the Property from the Village; and C. The Village and its officials take such further actions as may be necessary or appropriate to cause the Property to be legally, validly, and effectively disconnected from the Village in all respects. Respectfully submitted this day of , 2021. [SIGNATURE PAGE FOLLOWS] PETITIONER METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a body corporate and politic an Marcelino Garcia Chairman, Committee on Finance ATTEST Jacqueline Torres Clerk The foregoing instrument was acknowledged before me by Chairman, Committee on Finance, and day of -seal- 2021. Notary Public APPROVED AS TO FORM AND LEGALITY: Head Assistant Attorney General Counsel APPROVED: Executive Director Clerk, this EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY PIN #: 08-26-200-016-0000 THAT PART (EXCEPT THE EAST 60 FEET OF THE WEST 610.41 FEET) AND (EXCEPT THE SOUTHWESTERLY 82.5 FEET OF THE NORTHEASTERLY 132.5 FEET OF THE WEST 610.41 FEET) LYING SOUTHERLY OF THE TOLL ROAD AND NORTH OF THE SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTHWEST'/4 OF THE NORTHEAST'/4 OF SECTION 26 ALL LYING IN THE WEST '/z OF THE NORTHEAST '/4 OF SECTION 26 TOWNSHIP 41 NORTH, RANGE I 1 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN #: 08-26-102-037-0000 THAT PART OF LOT 1 (EXCEPT THE WEST 340 FEET) AND (EXCEPT THE EAST 175 FEET OF THE WEST 515 FEET LYING SOUTH OF THE NORTH 1231 FEET) AND (EXCEPT THAT PART TAKEN FOR HIGGINS ROAD AS WIDENED PER DOCUMENT 1202758) AND (EXCEPT PART TAKEN PER CONDEMATION NUMBER 72L9032) LYING SOUTH OF THE FOLLOWING DESCRIBED LINE BEGINNING AT A POINT 1153 FEET SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST '/4 THENCE NORTHWESTERLY IN A STRAIGHT LINE 122.33 FEET TO A POINT ON A LINE 82.5 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE SOUTHWESTERLY LINE OF THE TOLLWAY THENCE NORTHWESTERLY ALONG LAST DESCRIBED LINE TO THE WEST LINE OF THE EAST 'h OF THE NORTHWEST '/4 AND LYING NORTH OF HIGGINS ROAD IN ASSESSOR'S DIVISION OF THE EAST '/2 OF THE NORTHWEST '/4 OF SECTION 26 TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN #: 08-26-400-012-0000 LOT I (EXCEPT THAT PART BEGINNING AT A POINT ON AN EASTERLY LINE 20 FEET SOUTH OF THE NORTH LINE AS MEASURED PARALLEL WITH THE NORTH LINE THENCE WEST TO A POINT 715.5 FEET WEST OF THE EAST LINE OF THE WEST 'h OF THE SOUTHEAST '/4 OF SECTION 26 THENCE NORTH 20 FEET THENCE WEST 60 FEET THENCE SOUTH 35 FEET THENCE EAST TO THE EASTERLY LINE THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING) OF ASSESSOR'S DIVISION OF THE WEST '/2 OF THE SOUTHEAST '/4 OF SECTION 26 TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. COOK COUNTY CLERK CERTIFICATION: