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HomeMy WebLinkAboutRESOLUTION - 42-03 - 6/17/2003 - ANNEXATION AGREEMENT NATURAL GAS PIPLINERESOLUTION NO. 42-03 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND NATURAL GAS PIPELINE COMPANY OF AMERICA FOR PROPERTY GENERALLY LOCATED SOUTH OF I-90, NORTH OF HIGGINS ROAD AND WEST OF ELMHURST ROAD WHEREAS, on June 17, 2003 a Public Hearing was held pursuant to Section 65 ILCS 5111-15.1 at seq of the Illinois Municipal Code to consider the approval of an Annexation Agreement between the Village of Elk Grove Village and Natural Gas Pipeline Company of America; 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 Natural Gas Pipeline Company of America, 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 174' day of June 2003 APPROVED this 17'h day of June 2003 ATTEST: Ann L Walsh Village Clerk APPROVED., Craig B. Johnson, Mayor ReSpipehnexloc " A YES : Trustees P. Feichter, S. Lissner, J. Petri, C. Prochno, N. Czamik, B. Dill, Mayor Johnson 2 Annexation Agreement Between Natural Gas Pipeline Company of America And The Village of Elk Grove Village, Illinois This Annexation Agreement (hereinafter, the "Agreement") is made this 17th day of June 2003 by and among the Village of Elk Grove Village, an Illinois Municipal Corporation and home -rule unit located in Cook and DuPage Counties, Illinois (hereinafter, the "Village"),and Natural Gas Pipeline Company of America, a Delaware corporation, (hereinafter, "Owner") hereinafter such entities may be collectively referred to as "Parties". RECITALS: A. Natural Gas Pipeline Company of America is the owner of certain real estate in Cook County Illinois (hereinafter, the "Pipeline Right -of -Way" or "subject property") that is configured as a parcel with various dimensions as depicted on the attached Plat of Annexation identified as Exhibit A hereto. The Pipeline Right-of-way is legally described likewise in Exhibit A hereto and incorporated herein. The Pipeline Right -of - Way is currently vacant but improved with underground high-pressure natural gas transmission. pipelines, valves, maintenance facilities and communication transmission equipment for gas line monitoring purposes. B. The Village has determined that 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. Pursuant to the Villages determination, 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 and incorporated herein. 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 #2100) identifies the subject property as being in the future annexed into the Village with a zoning classification identified as 1-1 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: 1. 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. Authori . This Agreement is made and entered into by the Parties pursuant to Illinois Compiled Statues 65 ILCS 5/11-15.1-1 et seq and in accordance with the home rule authority of the Village. The Village affirms and warrants that the individual executing this Agreement in its behalf is fully empowered to do so. 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. 4. Village Warranty as to Necessary Steps, The Village will take such actions as maybe 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. 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 first 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 1-1. Such zoning shall not in the future be changed without the written consent of the Owner. 7. Continued Use. Elk Grove Village recognizes that the subject property is vacant on its surface but is utilized as an interstate natural gas pipeline right-of-way for the transmission of natural gas through underground pipes and facilities. Owner shall have. the right to operate, repair, maintain, reconstruct, alter and remove its existing pipelines and facilities installed in the Pipeline Right -of -Way and to construct, reconstruct, alter install, operate, repair, maintain and remove such additional pipelines and facilities in the Pipeline Right-of-way as maybe deemed by it to be in the best interests of the interstate natural gas pipeline. S. Improvements by Others. Owner may from time to time in its reasonable 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 easement agreement, for which Owner may 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. 9. Fee Waiver. Elk Grove Village hereby waives any and all annexation fees, charges, or costs normally attributable to Owner as a result of the annexation or- the Pipeline Right -of -Way. 10. Rebate of Taxes Paid to Elk Grove.Villaae. Village recognizes that annexation of subject property into the Village will result in Owner paying property and or other taxes to the Village. Elk Grove Village agrees to rebate to Owner any property taxes paid to Village for the duration of this Agreement. 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" for the Property Index Numbers identifying the subject property. The exact amount owed to "Village of Elk Grove" as identified on the property tax invoice for the subject property -will be the amount of property taxes rebated back to Owner by Village. Other taxes levied by the Village will be rebated upon the presentation by Owner of commercially reasonable documentation to Village relevant thereto. Owner shall mail its property tax invoice, other tax information and rebate requests to the following: Director of Finance Village of Elk Grove 901 Wellington Avenue Elk Grove Village, IL 50007 Village shall treat the payment of the rebates 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 perforin 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. B. All Actions Taken. The Village confirms that it has taken or shall take 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. 4 D. Term. This Agreement shail be binding upon the parties for a term of ten 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 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 -of -Way and be binding upon, inure to, extend to, and be for the benefit of the successors and assigns of Owner and successor Corporate Authorities of the Village and its successor municipalities. F. 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 the State of Illinois, but without reference to any conflict of laws rule that would require application of the law of another jurisdiction. H. Authority. 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: Village Manager Village of Elk Grove 901 Wellington Avenue Elk Grove Village, IL 60007 to Owner Director of Right of Way Natural Gas Pipeline Company of America 500 Dallas Parkway/ Suite 1000 Houston, Texas, 77002 With copies to: With copies to: Village Clerk Sr. Agent — Land & R/W Village of Elk Grove Natural Gas Pipeline Company 901 Wellington Avenue P.O.Box 2427 Elk Grove Village, IL60007 Joliet, Illinois, 60434 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 Agreement. 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. Exhibit A - Plat of Annexation & Legal Description Execution: Natural Gas Pipeline Company of America By: Craig B. Johnson By: Craig B. Johnson, Mayor Date: June 17, 2003 Date: Attest: Ann I. Walsh Ann I. Walsh, Village Clerk Attest: (title) (title)