HomeMy WebLinkAboutORDINANCE - 1689 - 1/8/1985 - LONGFELLOW PLAZA SHARED PARKING AGRMTORDINANCE NO. 1689
AN ORDINANCE APPROVING A SHARED PARKING
PLAN AGREEMENT BETWEEN THE FIRST ARLINGTON
NATIONAL BANK AS TRUSTEE UNDER TRUST NO. A-379,
DR. JOHN R. RIGGS, d/b/a ELK GROVE MEDICAL DENTAL
CENTER AND THE VILLAGE OF ELK GROVE VILLAGE
(LONGFELLOW PLAZA)
WHEREAS, the Village of Elk Grove Village, pursuant
to an Agreed Stipulation and Order of Court entered in Case
No. 72 L 17620 consented to a resubdivision of property
on which is situated the Longfellow Plaza and the Medical
Dental Center located immediately North thereof; and
WHEREAS, said Agreement provided for parking locations
with respect to the Medical Dental Center and the Shopping
Center; and
WHEREAS, the prior owner has conveyed certain parcels
to third parties and said conveyance left the Medical Dental
Center with insufficient ingress and egress and insufficient
parking as required by the Zoning Ordinance of the Village;
and
WHEREAS, the present owners, upon being advised of
same, have entered into an Agreement for a shared parking
plan, which Agreement includes the Village as a third party
thereto; and
WHEREAS, the President and Board of Trustees of the
Village of Elk Grove Village after having reviewed said
Agreement find and believe that the Agreement provides ade-
quate parking for all effected parcels in light of the present
and expected future uses of said parcels.
NOW, THEREFORE, BE IT ORDAINED by the President and
Board of Trustees of the Village of Elk Grove Village, Coun-
ties of Cook and DuPage, Illinois as follows:
Section 1: That the shared parking plan as set forth
in the Agreement attached hereto and incorporated herein
be and the same is hereby approved and the Village President
and Village Clerk are hereby authorized to execute said
Agreement on behalf of the Village.
Section 2: That the Village Clerk is directed to
record this Ordinance and the attached Agreement with the
Cook County Recorder of Deeds, Cook County, Illinois.
Section 3: That this Ordinance shall be in full
force and effect from and after its passage and approval
according to law.
VOTES: AYES: 6
NAYS: 0
ABSENT: 0
APPROVED:
Charles J. Zettek
Villaqe President
Patricia S. Smith
llage Clerk
PASSED
this
8th
day
of
January
1985.
APPROVED
this
8th
day
of
January
1985.
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AGREEMENT
I
THIS AGREEMENT dated on this -/,7—day of December, 1984,
I
by and between the FIRST ARLINGTON NATIONAL BANK as Trustee under
it
II Trust #A-379, hereinafter referred to as "Trust", DR. JOHN R.
RIGGS, d/b/a Elk Grove Medical Dental Center, hereinafter
referred to as "Riggs", and the VILLAGE OF ELK GROVE, ILLINOIS,
i
hereinafter referred to as "Village";
W I T N E S S E T H:
WHEREAS, the Trust is the legal title holder of a
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certain parcel of real estate, commonly known as Long Fellow Plazai,
the same being legally described within Exhibit 4, the same being
attached hereto and made a part hereof; and
WHEREAS, Riggs is the owner of a certain parcel of
real estate situated adjacent to and just North of Long Fellow
Plaza, the same being legally described within Exhibit 3, the
same being attached hereto and made a part hereof; and
WHEREAS, included within the real estate property owned
by the Trust, as identified and described in Exhibit 4, are ninetyr
I
eight (98) parking spaces; and
WHEREAS, Riggs is desirous of entering into a common
use agreement with the Trust relative to twenty (20) parking
spaces located upon and within the property of the Trust, said
parking spaces being marked and otherwise noted within Exhibit 1,
which is attached hereto and made a part hereof; and
!
WHEREAS, Riggs is desirous of obtaining a right-of-way
upon, within and across that portion of the Trust's real estate
property marked and otherwise set forth within Exhibit 2, which
is attached hereto and made a part hereof, said -right-of-way to
be in the nature of an easement for ingress and egress; and
WHEREAS, the Trust is desirous of obtaining the right
to obtain and use, either individually or in common use with
Riggs, certain parking spaces located upon and within the property
of Riggs, the same being noted and otherwise set forth within
Exhibit 3, the same being attached hereto and made a part hereof.
NOW,. THEREFORE, in consideration of their mutual
promises, hereinafter recited, the parties covenant and agree as
follows:
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1. The Trust hereby agrees to grant to Riggs the
right to use, in common with the Trust, twenty (20) parking
spaces located upon and within the property of the Trust, as set
forth in Exhibit 1, said granting of common use being subject to
the following covenants, conditions and stipulations:
a) The Trust shall be and remain solely
responsible,during the term of said grant
of common use, for the maintenance and upkeep
of said parking spaces, including, but not limited
to, repair, repaving, snow removal and any other
charges attendant with the maintenance and upkeep
of the same.
b) Riggs agrees to pay to the Trust for the
granting of said common use as well as for the
granting of an easement, as hereinafter recited,
the following sums as and for rental:
(i) January 1, 1985 to December 31, 1990,
the sum of $100.00 per month.
(ii) January 1, 1991 to December 31, 1996,
the sum of $150.00 per month.
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January 1, 1997 to December 31, 2084,
the sum of $200.00 per month.
(iv) That the parcel of real estate described
within Exhibit I and owned by the Trust
shall remain under the permanent real
estate Index #08-32-200-012-0000, Volume
050, which general real estate taxes
shall be paid in total by Riggs, and
in the event that the parcel of real
estate so described in Exhibit 1 is
assessed in the future to the Trust,
then and in that event Riggs, his
successors and assigns will pay to the
Trust the amount of such real estate taxes
attributable to the assessment of said taxes
to the Trust, said taxes to be paid by
Riggs within fifteen (15) days after the
real estate tax bill is presented to Riggs
for payment.
It is further agreed that the Trust shall
neither pay or be otherwise obligated to
Riggs for any base real estate taxes paid
or assessed for any parcel of real estate
owned by the Trust for which Riggs and/or
the Elk Grove Medical Center was assessed
or otherwise paid prior to the effective
date of this Agreement.
(v) In the event that Riggs fails to pay the
above and foregoing rentals enumerated in
(i) through (iii), inclusive, according
to the time schedule so provided, a late
penalty fee shall be assessed against Riggs
in an amount equal to five (5) per cent
per day of the monthly rentals due.
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c) That notwithstanding the fact that the
Trust is granting to Riggs the right of common
use of twenty (20) parking spaces located upon and
within the property of the Trust from the effective
date of this Agreement to December 31, 2084, said
common use agreement will terminate prior thereto
upon the happening of either of the following events:
(i) If Riggs applies for and is accordingly
granted a variation from the Village for
relief from the zoning requirements with
respect to parking, so that Riggs will no
longer require the common use of the Trust's
parking spaces, and in addition thereto,
Riggs either abandons the easement granted,
hereinafter recited, or obtains other
means of ingress or egress to and from his
property, then and upon the happening of
both contingencies, Riggs may elect at his
option to void this Agreement.
(ii) In the event that the Trust at a future
date is found or determined not to be in
compliance with any Village ordinances, laws
or resolutions or any other County, State or
Federal laws with respect to parking due to
the common use agreement, or in the event
that the Trust changes or alters the
character of its property so as to require
additional parking than now needed, or sells
or conveys the same to a third party,
wherein as a result thereof this Agreement
for common use restricts or otherwise results
in the Trust being in non-compliance with
the parking ordinance of the Village or
otherwise hinders the operation of its
property or the sale of the same, the Trust
then shall have the right to void this Agreement.
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2. Riggs hereby grants to the Trust, subject to the
lapproval of the Village, the option of entering into a common use
agreement with Riggs relative to the parking facilities located
upon and within the property of Riggs, said option to extend to
and continue during the term of this Agreement; that in the event
that the Trust elects to exercise its right of common use with
Riggs, and assuming that the Village approves the same, the
obligation of Riggs under paragraph b) (i) through (iii),
inclusive, shall terminate and be otherwise abated, and further,
Riggs shall be solely responsible for the maintenance and upkeep
of said parking area to the same extent as the obligation being
assumed by the Trust in paragraph 1 a); that the terms of said
common use shall extend to the same term as that granted from the
Trust to Riggs for the common use of the Trust's parking area,
as herein recited in paragraph 1 of this Agreement.
3. GRANT OF EASEMENT - The Trust hereby grants to
iiii
Riggs, his heirs and assigns, an easement of ingress and egress
;�
Hover and upon a certain portion of the Trust's property, the same
;being legally described as follows:
East 25 feet of the West 45 feet of the South
138 feet of the North 268.55 feet of lot 1 in
Long Fellow Re -Sub Division, of the East 397.08
feet of the North 15 acres of the Northwest
quarter of the Northeast quarter of Section 32,
Township 41 North, Range 11, East of the Third
Principal Meridian (excepting from said parcel,
South 185 feet of East 236 feet thereof and
excepting there also West 100 feet of said South
185 feet of said parcel) in Cook County, Illinois.
The real estate property of Riggs which will benefit
from the granting of said easement is legally described as follows:
The North 130.55 feet of the East 397.08 feet
of the North 15 acres of the Northwest Quarter
of the Northeast Quarter of Section 32, Township
41 North, Range 11, East of the Third Principal
Meridian (except the West 12 feet of the East 45
feet thereof) in Cook County, Illinois.
The granting of said easement shall be subject to the
following covenants, conditions and stipulations:
a) The term of said easement grant shall be
for a period of one hundred (100) years unless
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II
terminated prior thereto by the occurrence of
certain events hereinafter enumerated.
b) The grantor of the easement shall be solely
responsible for the maintenance and upkeep of the
easement property, the same to include, but not
be limited to, repairs, repaving and snow removal.
c) That said easement, if then in full force
and effect, shall be assignable by the grantee.
d) That the consideration being paid by the
grantee for the granting of said easement is
heretofore recited in paragraph 1 b) (i) through
(iv).
e) The easement herein granted shall be revocable
and otherwise terminate upon the happening of either
of the following events:
(i) Occurrence of both contingencies as set
forth in paragraph 1 c) (i).
(ii) Revocation of the common use agreement by
the Trust pursuant to paragraph 1 c) (ii).
f) It is understood and agreed by and between the
parties hereto that the granting by the Trust of the
M
li common use of a certain portion of its property and
the grant of easement, heretofore set forth, are and
i
shall be considered dual and reciprocal so that if
either the common use agreement or grant of easement
agreement shall terminate or be otherwise revoked,
the other agreement shall likewise terminate and be
considered revoked.
4. MUTUAL ACKNOWLEDGMENTS - The parties to this
Agreement mutually acknowledge the following:
a) That the Trust is the owner of Parcels 1, 2
and 3 as described in Exhibit 4, which is attached
hereto and made a part hereof.
b) That Riggs is the owner of the property
described in the Plat of Survey, attached hereto as
Exhibit 3.
c) That the Trust owns and has available for its
use ninety-eight (98) parking spaces, the same being
adequate to accomodate the additional required parking
spaces for a three thousand (3,000) square feet
restaurant carryout, with liquor license, as stated
in Zoning Ordinance No. 842 pertaining to parking
This instrument
BANK of Arlingt
Personally b,j+
All the co ^an
hare,,'^r '•a ..
Heig-'s ar,
as a'or., a+ ,
lia' 41 „
a -a m' A'r1T?T, ?i
by reason of an.
representations
regulations and Resolution No. -73 of the Village
of Elk Grove, with respect to, but not limited to,
Section 3.96-B9 and b-10.
5. MISCELLANEOUS PROVISIONS - Time is of the essence,
relative to the execution and furtherance of the intent of this
Agreement.
That if at the time that this Agreement is executed
by the Trust and Riggs, the Village is unable to also sign the
same because the January, 1985 meeting of the Ttustees has not
i
been held, the Village will issue temporary zoning occupancy
permits to any tenants of the Trust whose character of use is in
accordance with paragraph 4 c) of this Agreement, pro-
vided, however, that said tenant has otherwise satisfied all other;
requirements of the Village.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands and seals the day and year first above written.
s executed by AMERICAN NATIONAL
Heights, Illinois, not
Lely as Trustee, as aforesaid.
and conditions to be performed
ICAN NATIONAL BANK of Arlington
*aken by it solely as Trustee,
not individually, and no personal ✓
asserted or be enforceable
''ATIONAL BANK of Arlington Heights
of the covenants, statements or
ontained in this instrument.
FIRST ARLINGTON NATIONAL BANK
as Trustee under Trust No. A-379
I
Pr- John R. igd b a
E1y Grove Mediaff Center
VILLAGE OF ELK GROVE, ILLINOIS
By:
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Exhibit 1
"Legal Description A"
Page 1 of 2
Easement for parking over, accross, and upon the West 70 feet of the
South 138 feet of the North 268^55 feet of lot 1, and the West 5 feet
of the South 138 feet of the North 268.55 feet of lot 2 in Long Fellow
Re -Sub Division, of the East 397.08 feet of the North 15 acres of the
Northwest quarter of the Northeast quarter of section 32, township 41
North, Range 11, East of the third principal meridian (exceptfng from
said Parcel the South 185 feet of the East 236 feet there of and
excepting also West 100 feet of said South 185 feet of saiU parcel) in
Cook Countw, Illinois
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Exhibit 2
Legal Description B"
Page 1 of 2
Easement for ingress and egress over, across, and upon the East 25 ree+
of the West 45 feet of the South 138 feet of the North 268.55 feet of
lot 1 in Long Fellow Re -Sub Division, of the East 391.08 feet of the
North 15 acres of the Northwest quarter of the Northeast quarter cf
section 32, township 41 North, Ranee 11, East of the third principal
meridian (excepting from said parcel the South 185 feet of the East 236
feet there of and excepting also West 100 feet of said South 195 feet
of said parcel) in Cook Countg, Illinois
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Exhibit 3,
"Legal Description C
Page 1 of 2
Easement for parking over, across, and upon the West 75 feet
of the North 130"55 feet of lot 1 in Long Fellow Re -Sub Division, of
the East 397"08 feet of the North 15 acres of the Northwest quarter of
the Northeast quarter of section 32, township 41 North' Range 11, East
of the third princiPalyeridian /excepting from said parcel the South
185 feet of the East 236 feet there of and excepting also West 100 tee(-
of
eetof said South 185 feet of said parcel) in Coct County, Illinois
PLAT
ow Jc:ti�
-TIE NORTH 130.55 FEST of TIE Fns^ 3?7.08
^33T 0^ "ii° TORT'i 15 AC= OF THE ND,?TH_
WEST ')UA!?TER OF TH3 40RTIAAST QUARTER OF
.SECTIO?! 32, TOd1SHIP 41 NORTH, RANGE 11,
FAST OF THE THRID PRINCIPAL KMIDIA11 (EX_
CEPT THS WEST 12 FEE-: OF THE FAST 45 FEET
THEW,OF) IN COOK COU'.TY, ILLi"!OIS•
OF SURVEY
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SnATE OF ILLINOIS) S.S.
RICHARD C. FIELD COUNTY OF DU PAGE )
REGISTERED LAND SURVEYOR I. RICHARD C. FIELD, A REGISTERED LAND SURVEYOR, DO
15W 729 LEXINGTON STREET HEREBY CERTIFY THAT I HAVE SURVEYED THE ABOVE DESCRIBED
ELMHURST, ILLINOIS 60126PROPERTY AND THAT THIS PLAT IS A CORRECT REPRESENTATION
PHONE 279-2245 OF SAID SURVEY. ALL DIMENSI2HS ARE IN FEET AND DECIMAL
PARTS THEREOF, CORRECT AT 62 F.
ADDRESS' 750.64 Ar1ltRton Heigh" RW '
Elk Oroye Village, Illiaoia ,p //
ORDERED BY: Carl 11agle E BYy 4
Berwmille, Illindda ILLTN�T$E i3TE—
Refer to Deed. Title Policy. and Local Ordinances for Building Restrictions. LAND SURVEYOR 81974
See Title Report ler Building Linea end -Easements not Shown
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STATE OF ILLINOIS
COUNTY OF COOK ss.
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAN DIVISION
GEORGE M. LONG,
Petitioner,
-Vs.-
No. 72 L 17620
THOMAS F. RETTENBACHER•
the Building Co-missionez of
Elk Grove Village,
Respondent
STIPULATION TO DISMISS
WHEREAS, there is presently pending in the above entitled
matter a Petition for SVFrit of Mandamas, filed by George M. Long,
Petitioner, and an Answer thereto by Thomas F. Rettenbacher,
Building Commisioner, of Elk Grove Village; and
WHEREAS, the parties to this proceedingbelieve it to be in
the best interests of all concerned that the difficulties e;;fisting
between the parties be amicably settled and this proceeding di_s-
missed;
NOW, THEREFORE; the parties hereto agree as follows:
1. The Petitioner, GEORGE M. LONG, will cause the real
estate legally described. in Exhibit 1, a plat of subdivision,
attached hereto, to be subdivided into two lots in accordance
with said plat of subdivision. The respondent, THOMAS F. RETTENBACHEP.,
and the Village of Elk Grove Village will cause said plat of sub-
division to be approved.
2. The Petitioner will cause to be constructed on the
southern portion of the premises described in E_;hibit 1, within
RESOLUTION NO.�
A RESOLUTION AUTHORIZING A STIPULATION
TO DISMISS IN A PROCEEDING ENTITLED
GEORGE '•I, LONG, PETITIONER, VS. THOMAS
F. RETTENBACHER, BUILDING COMMISSIONER,
NO. 72 L 17620
6/
WHEREAS, GEORGE M. LONG, PETTTIONER, has filed a Complaint in
Mandamas against TiiO_LaS F. RETTENBACHER, BUILDING COKMISSIONER OF
ELIC GROVE VILL::GE in the Circuit Court of Cook County, Illinois;
and
w'HEREAS,- it is to the best interests of the Village that said
matter be disposed of in accordance with a stipulation to dismiss,
a copy of which is attached;
NO. -I, THEREFORE, BE IT RESOLVED, by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook
and DUPage, Illinois as follows:
Section. 1: That the Stipulation to Dismiss in the above
entitled matter signed by George M. Long, Petitioner, and Thomas
F. Rettenbacher, Building Commissioner, be and is hereby approved,
and that all officials, committees, agencies and commissions of
the Village Government are hereby directed to take and approve
such actions as are necessary to execute the agreements referred
to in the Stipulation to Dismiss.
Section 2: This resolution is to be in full force and
effect from and after its passage and approval, according to law.
PASSED this 6th day of May , 1973.
APPROVED this 6th day of May 1973.
Vote: Ayes 5
Nays 1
Absent 0
ATTEST:
VillagQ President
Village Clcrk
t
fifteen months from date, a commercial building, hereinafter
referred to as the "Proposed Building," as set forth in Sheet 1
of Exhibit 2, entitled, "A Site Plan", dated April 26, 1973,
prepared by David Webster, Architect, a copy of which exhibit is
attached; that said structure will not exceed one story in height,
contain more than 12,OOC sq. ft. in area, and be placed upon the
site in the manner shown in the Site Plan; that all areas shown
for parking thereon shall be maintained as such and be paved with
asphalt before being used; that no building other than as indicated
on the site plan shall he located on the above described real
estate, except for the existina medical center and the "proposed
building;" that the Petitioner shall provide on Lot 1 of the plat
of subdivision 73 parking stalls, each of which shall be 10 £t. x
20 ft., and laid out as provided on the site plan; that the
Petitioner will provide 78 parking stalls for Lot 2, each 10 ft.
x 20 ft., and laid out as provlided on the site plan.
That the owner agrees to designate the areas shown on Exhibits
1 and 2, attached, as fire lanes, agreeing thereby that said areas
be kept free of parked vehicles, structures and impediments to
traffic, and to place thereon signs and directional information
as requested by Village authorities and does hereby consent to
traffic control of said areas by the Village of Elk Grove Village.
Petitioner agrees that all loading and unloading of vehicles
shall occur to the south and east of the "proposed building," and
that no vehicle shallload or unload on the site if its gross
weight exceeds 25 tons, or if its total length exceeds 35 ft.
it is agreed that this provision shall not be enforced for a
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period of thirty (30) days after initial occupancy. It is under-
stood that there will be multiple occupancy as various tenants
move into portions of the building. Initial occupancy of any
unit shall be defined as the date on which the unit's water supply
is first turned on by the Village. The foregoing is to facilitate
the initial move in by the parties. After the period aforementioned
shall have run, the foregoing provisions of this agreement shall
be strictly enforced.
3. That all garbage and waste materials deriving from the
proposed building shall be stored within said building, or within
the area designated on Exhibit 2, attached; that said area shall
be screened in the manner shown on said Exhibit 2.
4. That the petitioner and owner shall provide screening
along the west and south property lines as shown in E,:hibit 2,
attached, which screenings shall be provided for and installed at
the time of occupancy of the "proposed building." The premises
shall be developed in accordance with the site plan and the agree-
ments expressed herein, and in accordance with all provisions of
the laws in force in the Village of Elk Grove Village as of date;
provided, however, that no such law shall be in.*_erpreted so as to
prevent the construction of the "proposed build'__." in accordance
with the site plan marked, "Exhibit 2."
5. George M. Long, Petitioner, agrees that at the request of
the Village of Elk Grove Village, he will grant to them for the sum
of Onc Dollar ($1.00) an additional four foot easement paralleling
and being north of the existing easement as shown and proposed on
Exhibit 1, attached. This easement is being given, if necessary,
to facilitate a public improvement plan of the easement in accordance
with safety standards deemed necessary by the Village.
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6. The parties agree that the public improvement plan sub-
mitted by Carl Davies for the Boardwalk Development for the joint
easement area shared by the Petitioner and the Boardwalk Develop-
ment are at variance, and should be integrated, and that adequate
provision for the safety of the pedestrians and vehicles using
areas approximate to the south line of the parking area lying south
of the building shown on Exhibit 2 must be additionally provided with
safety features. Petitioner agrees to pay to the Village a sum not
to exceed $2,500 tc•.vard any additional costs made necessary by the
modification of the Boardwalk Development plan of the easement area
previously submitted which, in the opinion cif the Village, promotes
the safety of pedestrians and vehicles using the area. Said sum
shall be payable to the Village fifteen (15) days after delivery
by the Village to George M. Long of a plan approved by the Village,
7. The parties agree that the above entitled cause be dis-
missed without cost to either party.
S. This agreement shall be subject to modification upon the
approval of all parties.
IN WITNESS WHEREOF, the parties hereto have hereunto placed
their hands and seals hereon.
G`�-�orge�l.LOng, Py,L'ltioner
Thomas Rettenbacher, Building Commissioner
APPROVED: �l
VILL. Gl ELIC s�itOVE �Fx7 AGE
Attest:
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