HomeMy WebLinkAboutRESOLUTION - 43-98 - 9/22/1998 - ANNEXATION AGMT/SHINNYO EN USARESOLUTION NO. 43-98
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND
VILLAGE CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN
THE VTTJ-AQF OF RLK QROVF VILLAGE AND RHINNYO-EN USA
WHEREAS, on September 22, 1998, a Public Hearing was held
pursuant to Section 65 ILCS 5/11-15.1 etsea. of the Illinois
Municipal Code to consider the approval of an Annexation
Agreement between the Village of Elk Grove Village and SHINNYO-EN
USA; and
WHEREAS, as a result of the testimony and evidence presented
at said Public Hearing, the President 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 SHINNYO-EN USA be approved.
NOW, 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 Village President be and is hereby
authorized to sign an Annexation Agreement between the Village of
Elk Grove Village and SHINNYO-EN USA, 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 Village
President.
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: p ABSENT: p
PASSED this 22nd day of September , 1996.
APPROVED this 22nd day of September , 1998.
:raig E. Johnson
Village President
ATTEST:
Patricia S. Smith
Village Clerk
G/Resoshin.doc
ANNEXATION AGREEMENT
BY AND BETWEEN
SHINNYO-EN, USA
AND
THE VILLAGE OF ELK GROVE VILLAGE
DATED AS OF SEPTEMBER 22, 1998
Prepared by:
Steven M. Elrod
Julie A. Tappendorf
BURKE, WEAVER & PRELL
55 West Monroe Street
Chicago, Illinois 60603
(312)578-6565
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ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into as of the 22nd day of September,
1998, and is by and between the VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal
corporation, Cook County, Illinois (the "Village") and SHINNYO-EN USA, a California corporation
("Owner').
SECTION 1. RECITALS,
A. Owner intends to acquire title from the current owner and become the owner
of record of certain real property consisting of approximately 4.55 acres, which property is located
at 120 E. Devon Avenue in unincorporated Cook County, Illinois and is legally described on Exhibit
A attached hereto (the "Property').
B. The Property is currently occupied, in part, with a residential structure, bam,
and garage (the "Existing Facilities").
C. Owner desires and proposes to demolish the Existing Facilities and develop
the Property with a structure designed for use as a place of worship.
D. Pursuant to the provisions of Section 7-1-8 of the Illinois Municipal Code, 65
ILCS 5/7-1-8 (1994), a voluntary petition for annexation of the Property, executed by all of the
owners of record of and electors residing on the Property, and conditioned upon the execution of
a mutually acceptable annexation agreement, has been filed with the Village Clerk.
E. The Corporate Authorities, after due and careful consideration, have
concluded that the annexation of the Property to the Village, on the terms and conditions hereinafter
set forth, will further the orderly growth of the Village and be in the best interests of the Village.
F. Pursuant to the provisions of Sections 11-15.1-1 et seq., of the Illinois
Municipal Code, 65 ILCS 5/11-15.1-1 et seq., and pursuant to the other powers and authorities of
the Village, a proposed agreement, the same in form and substance as this Agreement, was
submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as
provided by statute and ordinance.
G. Pursuant to notice as required by statute and ordinance, a public hearing has
been held by the Village's Plan Commission with regard to the special use permit described in
Section 4 of this Agreement, and with regard to all other matters herein requiring Plan Commission
consideration, and the Plan Commission has submitted its recommendation for approval to the
Corporate Authorities.
H. Each township highway commissioner, township trustee, fire protection
district, library district, and other entity or person entitled to notice prior to the actions contemplated
herein has been given notice thereof by the Village as required by law.
1. This Agreement is made pursuant to and in accordance with the provisions
of Sections 11-15.1-1, et seq., of the Illinois Municipal Code, 65 ILCS 5/11-15.1-1 et seq., the
Village's home rule powers, and pursuant to such other powers as may be accorded to the Village
under the ordinances, laws, codes, regulations, and requirements of the Village (the "Village
Codes") and the laws, statutes, and constitutions of the State of Illinois and the United States of
America.
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NOW, THEREFORE, in consideration of the aforesaid premises, which shall be
deemed to be a part of this Agreement, and of the mutual covenants and agreements hereinafter
set forth, the Village and Owner hereby enter into the following:
RIEN •klk • • a
A. Adoption of Annexation Ordinance. Immediately after the approval of this
Agreement, the Corporate Authorities shall pass and approve an ordinance (the "Annexation
Ordinance") annexing the Property to the Village.
B. Recording of Annexation Documents. Upon acquiring legal title to the
Property, Owner shall, with the cooperation of the Village, cause the recording of all documents,
including, without limitation, this Agreement, necessary to accomplish the annexation of the Property
to the Village in the manner provided by law.
C. Effective Date of Annexation. Annexation of the Property shall not become
effective until this Agreement has been recorded in the manner prescribed by Section 2.13 of this
Agreement.
SECTION 3. ZONING OF THE PROPERTY.
Immediately after passage and approval of the Annexation Ordinance, the Property
shall be automatically classified and zoned in the Village's R-3 Residential District, as contemplated
by the Village's Comprehensive Plan and Official Map. It is understood and agreed that no petition
or public hearing or other action need be taken by or on behalf of Owner to obtain said R-3 zoning
classification, once the Property is annexed to the Village.
SECTION 4. SPECIAL USE PERMIT.
Immediately after passage and approval of the Annexation Ordinance, the Village
shall approve a special use permit for the Property to allow for (i) the construction and operation of
a religious institution on the Property, and (ii) the construction and co -existence of a detached
residential structure on the Property as an accessory use to the religious institution building,
notwithstanding any provision of Section 3-5-B of the Elk Grove Zoning Ordinance to the contrary.
SECTION 5. SUBDIVISION.
Immediately after passage and approval of the Annexation Ordinance, the Village
shall pass a resolution (i) approving the one lot subdivision for the Property, as depicted on the
Subdivision Plat attached hereto as Exhibit B (the "Subdivision Plat'), and (ii) waiving the
otherwise applicable 10% land dedication requirement for the Property, in recognition of the non-
profit nature of Owner's proposed religious institution development. Owner acknowledges and
agrees, however, that in the event the Property is ever developed as a residential development, the
10% land dedication requirement shall be enforced by the Village against the Owners of such
residential development.
SECTION 6. DEVELOPMENT OF THE PROPERTY.
A. Development Approvals. Owner and the Village agree that the Property
shall be developed and used in accordance with the terms and provisions of this Agreement. By
its approval of this Agreement and its adoption and approval of the Annexation Ordinance and the
Special Use Permit, the Village shall be deemed to have approved and granted all amendments,
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variations, and waivers of the Village Codes, including, without limitation, the Village's
Comprehensive Plan, necessary to permit the development and use of the Property in accordance
with the provisions of this Agreement, it being acknowledged and agreed that all public hearings,
if any, that are necessary to enable the Village to grant such amendments, variations, and waivers
have been conducted upon proper legal notice.
B. Plan Review and Approval. Immediately after passage and approval of the
Annexation Ordinance, the Corporate Authorities shall review and approve the following plans
submitted by Owner for the development and construction of the religious institution development
and related improvements on the Property:
the site plan prepared by Kajima, consisting of one sheet, with latest
revision date of August 19, 1998, a copy of which is attached hereto
as Exhibit C (the "Site Plan"); and
2. the landscaping plan prepared by Kajima, consisting of one sheet,
with latest revision date of August 19, 1998, a copy of which is
attached hereto as Exhibit D (the "Landscaping Plan"); provided,
however, that the Landscaping Plan may be further reviewed by the
Plan Commission, and thereafter by the Corporate Authorities.
Notwithstanding such approval, all building design and construction shall be in compliance with all
applicable Current Village Codes, except as waived herein.
C. Engineering Plans. Improvements on the Property shall be constructed in
substantial conformity with the preliminary engineering plans previously submitted to the Village.
Final engineering plans and specifications shall be prepared by Owner for submission to the Village,
which plans and specifications shall comply with, and be in substantial conformance with, the
preliminary engineering plans and with Current Village Codes, as hereinafter defined.
D. Floor and Elevation Plans. Owner acknowledges and agrees that the final
design of the buildings on the Property shall be generally consistent with the preliminary floor and
elevation plans previously submitted to the Village. Further, Owner and the Village acknowledge
and agree that the final design may include modifications to such floor and elevation plans;
provided, however, that the final design shall be in complete conformance with the Site Plan and
with Current Village Codes, as hereinafter defined.
E. Garbage Receptacle. The garbage receptacles on the Property shall be
adequately screened, in accordance with Village screening regulations.
F. Future Development. Owner acknowledges and agrees that, prior to future
construction on the Property of any building or structure not depicted on the Site Plan, Owner shall
submit plans for such construction to the applicable Village official, board, or commission for review.
SECTION 7. IMPROVEMENTS.
A. Public Improvements. Owner shall construct and install on the Property
all public improvements required by the Current Village Codes, including the following:
1. fire hydrants;
2. lighting;
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3. sanitary sewer facilities; and
4. water facilities.
B. Additional Improvements. Owner shall construct and install, among others,
the following improvements on the Property:
a sidewalk generally along the Devon Avenue frontage of the
Property, extending from the existing sidewalk at Carlisle
Avenue to the east end of the Property;
2. a berm along the west side of the Property;
3. low level lighting along the access driveway and on the main
building's entrance and motion detection lighting, for security
purposes, on the rear of the main building;
4. a 686 foot detention area located in the southwest corner of
the Property; provided, however, that if the Director of
Engineering and Community Development determines that a
686 foot detention area is not feasible or desirable in
accordance with Village Codes, such detention area shall be
reduced to 685 feet; and
5. future additional screening on the eastern portion of the
Property, to be installed at the time the parcel located to the
east of the Property is developed for residential purposes, if
ever; and
6. future additional parking spaces, if determined by Owners to
be necessary for the continued use of the Property for
religious purposes, as depicted.on the Site Plan.
SECTION 8. WATER, SEWER, AND STORMWATER DRAINAGE SERVICES.
A. Water Service. The Village hereby represents and warrants that it will, and
the Village shall, take all actions necessary to provide adequate access to water supply to the
Property as it may be developed pursuant to the terms of this Agreement. Owner acknowledges
and agrees that, prior to Owner's connection to Village water facilities, Owner must, at its own
expense, extend the existing water facilities from Carlisle Avenue to the Property.
B. Sanitary Sewer Service. The Village hereby represents and warrant that
it will, and the Village shall, take all actions necessary to provide adequate sanitary sewage
collection and transmission service in sufficient capacity to the Property as it may be developed
pursuant to this Agreement. Owner acknowledges and agrees that, prior to Owners connection to
Village sanitary sewage facilities, Owner must, at its own expense, extend the existing sanitary
sewage facilities from Carlisle Avenue to the Property.
C. Stormwater Drainage. The Village acknowledges that Owner proposes to
construct stormwater detention areas and compensatory storage on the Property (the "Stormwater
Facilities"), as depicted on the drainage and paving plan previously submitted to the Village (the
"Drainage and Paving Plan"). The Village hereby approves the Stormwater Facilities and waives
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any right to require additional stormwater control facilities in connection with the development of the
Property. All Stormwater Facilities shall be built in accordance with the Drainage and Paving Plan.
Owner acknowledges and agrees that any stormwater release from the Property shall be limited to
0.10 cfs per acre.
SECTION 9. CONSTRUCTION.
A. Building Permit. The Village shall, within 21 days after receipt of a complete
application, either (i) issue such building and other permits as may, from time to time be requested
by Owner or its successors and assigns, (ii) issue a letter of denial within said period of time
informing Owner or its successors and assigns as to the specific deficiencies in the application for
permits, plans or specifications, or (iii) issue a letter informing Owner that the Village requires an
additional 14 days to review the application. All of such permit applications, plans and specifications
shall conform to this Agreement and all applicable ordinances and codes.
B. Occupancy Certificates. The Village shall, within 10 days after receipt of
a complete application, either (i) issue Certificates of Occupancy, subject to satisfactory inspections
by the Department of Engineering and Community Development and the Fire Department, (ii) issue
a letter of denial informing Owner or its successors or assigns of specific corrections necessary as
a condition to the issuance of a Certificate of Occupancy, quoting the section of any code or
ordinance relied upon by the Village in its request for correction, or (iii) issue a letter informing
Owner that the Village requires an additional 14 days to review the application..
C. Stop Orders. The Village shall issue no stop order directing work stoppage
in the buildings without (i) detailing the section of the Village code or portion of this Agreement
violated by Owner or their agents, and (ii) allowing Owner 5 days in which to cure such violation.
If a stop work order relates to public safety or excessive noise as determined by the Director of
Engineering and Community Development, however, Owner shall cease all work immediately until
Owner corrects such violation to the reasonable satisfaction of the Village.
SECTION 10. VILLAGE CODES.
A. Conflict with this Agreement. The Village Codes relating to the use and
development of the Property shall continue in effect, insofar as they relate to the development of the
Property, throughout the term of this Agreement, and may be amended or changed only if such
amendment or change is specifically required to comply with federal or state laws enacted after the
effective date of this Agreement (the "Current Village Codes"). In the event of a conflict or
inconsistency between any of the Current Village Codes, or the Village's interpretation thereof, and
the specific provisions of this Agreement, the specific provisions of this Agreement shall control,
B. Zoning. Subdivision. and Utilities. The Current Village Codes relating to
zoning, subdivision control, site plans, utilities, water service, sanitary sewer service, and stormwater
detention and erosion, shall continue in effect, insofar as they relate to the development of the
Property, throughout the term of this Agreement, and may be amended or changed only if such
amendment or change is specifically required to comply with federal or state laws enacted after the
effective date of this Agreement.
C. Building and Construction. The Current Village Codes relating to building
and construction, including any building, fire, safety, dwelling, mechanical, plumbing, elevator, or
existing structures code, ("Building Codes") shall continue in effect, and may thereafter be
amended or changed only if (1) such amendment or change applies on a general basis so as to be
applicable to all property within the Village or (2) such amendment or change is specifically required
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to comply with federal or state laws enacted after the effective date of this Agreement.
Notwithstanding the foregoing, no amendment or change to a Building Code shall be effective or
apply to any development of the Property for which a building or other permit has been issued
pursuant to the Building Codes prior to such amendment or change.
D. Less Restrictive Village Codes. In the event that, during the Term of this
Agreement, the Village Codes, or any of them, are modified, amended, interpreted, or changed so
as to be less restrictive than the Current Village Codes, then such less restrictive Village Codes shall
inure to the benefit of Owner, and Owner may elect to develop the Property pursuant to such less
restrictive Village Codes, or any provision thereof.
SECTION 11. VILLAGE FEES.
A. Annexation Fee. The Village does hereby acknowledge that Owner has
previously paid to the Village, at the time of submission of the Annexation Petition and Plat of
Annexation, an annexation petition filing fee of $500. Prior to recordation of this Agreement, Owner
shall pay to the Village an annexation fee in the amount of $500 per acre, or $2275.00.
B. Recapture Fee. Owner shall pay to the Village a recapture fee in the amount
of $18,855.84 for recapture principal and $6,765.18 in interest for the watermain improvements
previously constructed, pursuant to Ordinance No. 2415, dated March 14, 1995.
C. No Additional Fees. Except as expressly provided in this Agreement, Owner
shall not be required to pay any additional application, utility hookup, connection, impact, tap -in, or
other fee of any kind in connection with the annexation of the Property to the Village. This provision
shall not limit the Village's authority to collect building permit application fees, engineering permit
fees, or inspection fees relating to the development and use of the Property nor shall this provision
limit the Village's authority to charge Owner for the costs of a water meter for the Property.
SECTION 12. GENERAL PROVISIONS.
A. Term of Agreement. This Agreement shall be effective from its effective
date for 20 years, or for the longest term allowed under Section 11-15.1-5 of the Illinois Municipal
Code, 65 ILCS 11-15.1-5, or its successor statute (the "Term").
B. Notic e. Any notice or other communication required or permitted to be given
under this Agreement shall be in writing and shall be (i) personally delivered, or (ii) delivered by a
reputable overnight courier, or (iii) delivered by certified mail, return receipt requested, and
deposited in the U.S. Mail, postage prepaid. Telecopy notices shall be deemed valid only to the
extent they are (a) actually received by the individual to whom addressed and (b) followed by
delivery of actual notice in the manner described in either (i), (ii) or (iii) above within three (3)
business days thereafter. Unless otherwise expressly provided in this Agreement, notices shall be
deemed received upon the earlier of (x) actual receipt; or (y) one (1) business day after deposit with
an overnight courier as evidenced by a receipt of deposit; or (z) three (3) business days following
deposit in the U.S. mail, as evidenced by a return receipt.
Notices and communications to Owner shall be addressed to, and delivered at, the
following address:
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may be found to have occurred if performance has been commenced within 21 days after the receipt
of such notice.
F. Consents. Whenever the consent or approval of any party hereto is required
in this Agreement such consent or approval shall be in writing and shall not be unreasonably
withheld or delayed, and, in all matters contained herein, all parties shall have an implied obligation
of reasonableness, except as may be expressly set forth otherwise.
G. Governina Law. This Agreement shall be governed by, construed, and
enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of
Illinois.
H. Severability. It is hereby expressed to be the intent of the parties hereto that
should any provision, covenant, agreement, or portion of this Agreement or its application to any
person, entity, or property be held invalid by a court of competent jurisdiction, the remaining
provisions of this Agreement and the validity, enforceability, and application to any person, entity,
or property shall not be impaired thereby, but such remaining provisions shall be interpreted,
applied, and enforced so as to achieve, as near as may be, the purpose and intent of this
Agreement to the greatest extent permitted by applicable law.
I. Entire Agreement. This Agreement shall constitute the entire agreement of
the parties to this Agreement; all prior agreements between the parties, whether written or oral, are
merged in this Agreement and shall be of no force and effect.
J. Grammatical Usage and Construction. In construing this Agreement,
feminine or neuter pronouns shall be substituted for those masculine in form and vice versa, and
plural terms shall be substituted for singular and singular for plural, in any place in which the context
so requires.
K. Interpretation. This Agreement shall be construed without regard to the
identity of the party who drafted the various provisions of this Agreement. Moreover, each and every
provision of this Agreement shall be construed as though all parties to this Agreement participated
equally in the drafting of this Agreement. As a result of the foregoing, any rule or construction that
a document is to be construed against the drafting party shall not be applicable to this Agreement.
L. Headings. The headings, titles, and captions in this Agreement have been
inserted only for convenience and in no way define, limit, extend, or describe the scope or intent of
this Agreement.
D
M. Exhibits. Exhibits A through k attached hereto are, by this reference,
incorporated in and made a part of this Agreement. In the event of a conflict between an exhibit and
the text of this Agreement, the text of this Agreement shall control.
N. Amendments and Modifications. No modification, addition, deletion,
revision, alteration, or other change to this Agreement shall be effective unless and until such
change is reduced to writing and executed by the Village and all owners of record of the Property
at the time such modification is intended to be effective, pursuant to all applicable statutory
procedures.
O. N_o Third Party Beneficiaries. No claim as a third party beneficiary under
this Agreement by any person, firm or corporation shall be made, or be valid, against the Village or
Owner.
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P. Counterparts. This Agreement may be executed in any number of
counterparts each of which shall be deemed an original, but all of which shall constitute one and
the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
ATTEST: VILLAGE OF ELK GROVE, a municipal
corporation, Cook County
State of Illinois
Patricia S. Smith By: Craig B. Johnson
Name: Craig B. Johnson
Title: Village President
ATTEST: SHINNYO-EN USA.,
a California corporation � ri J
Name: /
Title:
in
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STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
This instrument was acknowledged before me on September 22 , 1998, by Craig B. Johnson
the President of the VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal corporation,
and by Patricia S. Smith , the Village Clerk of said municipal corporation.
Patricia Droschak
Notary Public
My Commission expires: November 7, 2001
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
This instrument was acknowledged before me on September 22, 1998, by Yukio Tajiri, Secretary
of SHINNYO EN, USA.
J-/ - 4 /Z
NotaryiPub is
My Commission expires: 21 '�/
"OFFICIAL SEAL'
• STEVEN M. ELROD
Notary Public, State of Illinois
My Commission Expires 9/25/99
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THE WEST 326 FEET OF LOT 1 IN WILLIAM LUMPPS DEVON AVENUE FARMS SUBDIVISION
OF PART OF THE SOUTH 1/4 OF SECTION 33, TOWNSHIP 41 NORTH, RANGE 11 EAST OF
THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART OF THE LAND TAKEN IN
CONDEMNATION CASE NO. 731-9092), IN COOK COUNTY, ILLINOIS.
P.I.N. No. 08-33-301-015
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