HomeMy WebLinkAboutRESOLUTION - 54-02 - 11/19/2002 - ANNEX AGREEMENT/GARDEN 6 JOINT VENTURE RESOLUTION NO. 54-02
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE
AND GARDEN 6 JOINT VENTURE FOR PROPERTY LOCATED AT THE NORTHWEST
CORNER OF THE RIDGE AND DEVON INTERSECTION
WHEREAS, on November 19, 2002, a public hearing was held
pursuant to Section 65 ILCS5/11-15 . 1 et sec of the Illinois
Municipal Code to consider the approval of an Annexation
Agreement between the Village of Elk Grove Village and the Garden
6 Joint Venture; 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 Garden 6 Joint Venture, 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: Mayor Johnson, Trustees Feichter, Lissner,
Petri, Prochno, Czarnik, Dill
NAYS: None
ABSENT: None
PASSED this 19th day of November 2002.
APPROVED this 19th day of November 2002.
APPROVED:
Craig B. Johnson, Mayor
ATTEST:
Ann I . Walsh
Village Clerk aesae„onr;dge.doc
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this 19th day ofNovembe;r2002,
by and between the Village of Elk Grove Village, a municipal corporation organized and
existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "the
Village")by and through its Mayor and Board of Trustees (hereinafter referred to as "the
Corporate Authorities")and Garden 6 Joint Venture, an Illinois general partnership
(hereinafter referred to as"the Owner").
RECITALS:
WHEREAS, Garden 6 Joint Venture is the owner of record of certain real estate
consisting of approximately 1.87 acres more or less and legally described as follows: Lots 13
and 14 (except the north 210 feet thereof) in William Lumpp's Devon Avenue Farms, being a
subdivision in the south Yz of Section 33, Township 41 North, Range 11, east of the Third
Principal Meridian, in Cook County, Illinois (hereinafter referred to as"the Subject
Property"); and
WHEREAS, the Subject Property is not located within the corporate limits of any
municipality and is contiguous to the corporate limits of the Village; and
WHEREAS, the Owner seeks to improve the Subject Property with a 14,670 square
foot multi-unit office/accessory storage building and a free-standing sit-down and drive-
through restaurant in accordance with the Site Plan as prepared by Marchris Engineering,
Ltd., dated February 4, 2002, as revised February 15, 2002, listed as Exhibit"A", on file with
the Village Clerk, and hereinafter referred to as "the Site Plan"; and
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WHEREAS, the Owner and the Village desire to have the Subject Property annexed
to the Village upon certain terms and conditions hereinafter set forth; and
WHEREAS, the Owner has filed with the Village Clerk a proper petition for
annexation of the Subject Property to the Village, conditioned upon the terms and provisions
of this Agreement; and
WHEREAS,pursuant to notice as required by statute and ordinance,public hearings
were held by the Village Plan Commission on the requested zoning of the Subject Property,
the requested approval of a Special Use for the Subject Property, the requested approval of
the Site Plan, and the requested approval of the variations hereinafter described, and the
findings of fact and recommendations made by said body relative to such requests have been
forwarded to the Corporate Authorities; and
WHEREAS, any fire protection district, or other entity or person entitled to notice
has been given notice as required by law; and
WHEREAS, the Corporate Authorities, after due and careful consideration, have
concluded that the annexation of the Subject Property to the Village would further the orderly
growth of the Village, enable the Village to control the development of the area, and serve
the best interests of the Village; and
WHEREAS, the Owner has furnished the North Cook County Soil and Water
Conservation District, the Illinois Historic Preservation Agency, and the Illinois Department
of Natural Resources with all necessary information relative to the anticipated development
of the Subject Property and the latter two agencies have concluded that there are no
significant archeological or historical elements on the Subject Property and there are no
threatened or endangered species on or in the vicinity of the Subject Property; and
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WHEREAS, the Owner has presented to the Village Clerk and to the Corporate
Authorities of the Village duly executed Petitions for Annexation, Subdivision, and Special
Use for the Subject Property; and
WHEREAS,public hearings before the Village Plan Commission relating to the
annexation, subdivision, zoning and granting of a Special Use permit as requested herein
have been duly held pursuant to proper notice published on May 21, 2002 by the Village in
the Daily Herald, a newspaper of general circulation within the Village, and pursuant to
notice to surrounding property owners and signage posted by the Owner as required by the
Village's Zoning Ordinance and Village Resolution No. 42-74; and
WHEREAS, the Village has notified the Elk Grove Township Commissioner of
Highways and the Trustees of Elk Grove Township, and will file affidavits of such service of
notice with the Recorder of Deeds for Cook County in accordance with applicable provisions
of the Illinois Municipal Code, and will comply with all other additional requirements of the
Illinois Municipal Code; and
WHEREAS, public hearings before the Mayor and Board of Trustees of the Village
with regard to this Agreement have been held pursuant to proper notice published on
November 4, 2002 by the Village in the Daily Herald newspaper, and pursuant to notice
given by the Village to surrounding property owners and posted by Owner as required by the
Village's Zoning Ordinance and Village Resolution No. 42-72;
NOW THEREFORE, in consideration of the foregoing recitals and the mutual
covenants and agreements made herein, the undersigned hereby agree as follows:
1. Incorporation of Preamble. The recitals hereto are hereby incorporated by
reference as if expressly set forth in this Agreement.
2. Statutory Authority. This Agreement is made pursuant to and in accordance with
the provisions of Illinois Compiled Statutes, 1992, 65 ILCS 5111-15.1-1 et sem.
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3. Annexation Ordinance. Subject to the provisions of the Illinois Compiled
Statutes, 1992, 65 ILLS 5/11-15.1-1 et s�Mc., as amended,the undersigned agree to take
actions necessary or appropriate to cause the property shown in the Plat of Annexation as
prepared by Duda Surveying,dated February 3, 2001,listed as Exhibit`B",on file with the
Village Clerk,to be duly and validly annexed to the Village.
4. Zoning,and Development. At the same meeting of the Corporate Authorities at
which annexation of the Subject Property is accomplished, the Corporate Authorities shall
enact such ordinances, adopt such resolutions, and take such other actions as are necessary to:
a. Approve the Garden 6 Subdivision for the Subject Property as prepared by Duda
Surveying, dated April 25,2002, listed as Exhibit"C", on file with the Village
Clerk, and hereinafter referred to as"the Subdivision Plat."
b. Approve and accept the Site Plan referred to above.
c. Zone the Subject Property in the B-2 zoning district classification.
d. Approve a Special Use for Lot 1 of the Subject Property, as depicted on the
Subdivision Plat, to allow drive-through facilities.
e. Grant the following variations for the Subject Property:
i. reduction in the required building setback adjacent to residentially zoned
property from 75 feet to 53 feet along the west Subject Property line and
from 75 feet to 29 feet along the north Subject Property line.
ii. approval of retaining walls in the east and west easements as depicted on
the Site Plan.
5. Landscaping and ScreeningPlan. The Owner has prepared and submitted a
detailed Landscape Plan for the Subject Property as prepared by Marchris Engineering, Ltd.,
dated December 13, 2001,revised September 5, 2002, listed as Exhibit"D", on file with the
Village Clerk, and hereinafter referred to as "the Landscape Plan." The Landscape Plan has
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been submitted to the Plan Commission for review and approval. Installment of all
landscaping and screening shall be in conformance with the Landscape Plan.
6. Sidewalk. At Owner's sole cost, Owner shall construct public sidewalk to serve
the Subject Property along the Devon Avenue frontage of the Subject Property, and public
sidewalk extending to the existing public sidewalk approximately 210 feet north of the
Subject Property, along the west side of Ridge Avenue.
7. Water. For the purpose of providing water to the Subject Property and the
buildings to be located thereon, the Owner shall extend the public watermain along Ridge
Avenue from Devon Avenue north to the north property line of the Subject Property and then
to this Ridge Avenue watermain extension. All water mains located on private property shall
be owned and maintained by Owner.
8. Sanitary ewer. The Owner shall provide sanitary sewer service to the Subject
Property, and the buildings to be constructed thereon,by connecting to the existing Village
sanitary sewer located on Walnut approximately 100 feet west of Ridge and extending that
sanitary sewer to the northeast corner of the Subject Property. The Owner shall bear the full
cost for this improvement. All sanitary sewer service located on private property, including
the private sanitary sewer lift station, shall be owned and maintained by Owner.
9. Recapture. The Owner may recapture the cost of extending the sanitary sewer
main by proposing a recapture agreement with the Village setting forth the terms of recapture
from individual property owners who in the future seek to connect to the sanitary sewer main
extension constructed by the Owner. A subsequent Recapture Agreement in the Village's
standard form shall be submitted to the Village for its review and approval.
10. Dedication. The Owner agrees to dedicate for public street the triangular tract of
land 25 feet by 25.78 feet by 35.34 feet located at the southeast corner of the Subject
Property and depicted as "Premises B" on the Subdivision Plat.
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11. Maintenance Responsibilities. The Owner agrees to provide for the maintenance
of the landscape improvements, retaining walls, the driveways, and the parking areas of the
Subject Property. Prior to issuance of any occupancy permit for any structure on the Subject
Property, the Owner agrees to submit the Subject Property to covenants for maintenance and
control of the landscape improvements, retaining walls, the driveways, and the parking areas
to be developed on the Subject Property. A copy of those covenants, entitled Declaration of
Easements, Covenants, Conditions, and Restrictions, is listed as Exhibit"E", and is on file
with the Village Clerk.
12. Condominium Restrictions and Conditions. In the event that Lot 2 of the Subject
Property shall be developed under the Illinois Condominium Property Act(hereinafter
referred to as"the Act"),prior to the issuance of any occupancy permit for any structure on
Lot 2, the Declaration of Condominium attached hereto as Exhibit E shall be the Declaration
under which Lot 2 is developed under the Act.
13. Conveyance of Public Improvements. All sidewalks,parkway trees, and any
other public improvements constructed on the Subject Property, following the completion of
such construction and the approval of such construction by the Village's Director of
Engineering and Community Development, shall be conveyed to the Village by duly
executed bill of sale and shall thereafter be owned and maintained by the Village. All such
improvements shall be warranted by Owner to be free from defects in materials and
workmanship for a period of two years following the date of conveyance to the Village.
14. Recapture. Not later than 10 calendar days following the Execution Date of this
Annexation Agreement, Owner shall pay a recapture fee in the amount of$19,128.94 for
existing 12-inch watermain along Devon Avenue pursuant to Village Ordinance No. 2415.
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IN WITNESS WHEREOF, the undersigned have set their hands and seals this
19th day of November , 2002, the same being done after public hearing, notice,
and statutory requirements having been fulfilled.
Village of Elk Grove Village Owner, Garden 6 Joint Venture
An Illinois general partnership
By: Craig B. Johnson By:
Craig B. Johnson, Mayor General Partner
Attest:
By: Ann I. Walsh
Ann I. Walsh, Village Clerk
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