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HomeMy WebLinkAboutRESOLUTION - 25-97 - 5/27/1997 - ANNEX. AGRMT/AMERICAN HOUSING PARTNERSRESOLUTION NO. 25-97 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND AMERICAN HOUSING PARTNERS WHEREAS, on May 27, 1997, a public hearing was held pursuant to Section 65 ILCS 5111-15.1 -tt, s of the Illinois Municipal Code to consider the approval of an Annexation Agreement between the Village of Elk Grove Village and American Housing Partners; 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 Owner 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 American Housing Partners, 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: 0 ABSENT: 0 PASSED this 27th day of May 1997. APPROVED this 27th day of May 1997. Craig B. Johnson VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 27th day of May, 1997, between the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation, of the Counties of Cook and DuPage, in the State of Illinois (hereinafter referred to as the "VILLAGE"), and AMERICAN HOUSING PARTNERS, (hereinafter referred to as "OWNER"). W I T N E S S E T H WHEREAS, OWNERS are contract purchasers of property legally described on Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter sometimes referred to as the "SUBJECT REALTY"); and WHEREAS, the SUBJECT REALTY consists of approximately 4.88 acres and is presently situated within the unincorporated areas of the County of Cook and is adjacent and contiguous to the corporate boundaries of Elk Grove Village; and WHEREAS, a written petition has been filed with the Village Clerk of the Village of Elk Grove Village by Mike Lampignano, John Lampignano, Nicole Ruggieri, Vito Ruggieri, Rose Walshin and John and Rose Dejideo, being all legal owners, and/or electors residing 1 on the property, said petition seeking annexation to the Village of Elk Grove Village of certain land and territory legally described on Exhibit "A"; and WHEREAS, the SUBJECT REALTY is the subject of this Annexation Agreement and, with the adjacent roads and highways, is shown on the Annexation Plat heretofore submitted to the VILLAGE, and incorporated herein by reference; and WHEREAS, the Corporate Authorities have determined that the annexation of the SUBJECT REALTY to the VILLAGE on the terms and conditions hereinafter set forth serves the best interests of the VILLAGE and enables the VILLAGE to reasonably control the development of the SUBJECT REALTY pursuant to its ordinances, codes and regulations; and WHEREAS, the statutory procedures provided in Section 65 ILCS 5/11-15.1 et seg. of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1993) with regard to the making of annexation agreements have been fully complied with by the parties to this Agreement; and WHEREAS, the Plan Commission of the VILLAGE, acting as a Zoning Commission, has duly fixed a time for and held a public hearing for the zoning of the SUBJECT REALTY and the issuance of a 2 special use permit, all upon such notices and related procedures as are required by ordinances of the VILLAGE and by the Laws of the State of Illinois, and has filed with the VILLAGE Board of Trustees its report (i) recommending the zoning classifications to be given to each of the Parcels, upon annexation (ii) recommending variations from certain provisions of the Ordinances of the VILLAGE as they relate to the SUBJECT REALTY; (iii) recommending a special use permit for the construction and operation of an independent senior housing facility; and (iv) recommending the approval of a Site Plan for the SUBJECT REALTY; and WHEREAS, the VILLAGE Board of said VILLAGE has duly fixed a time for and held a public hearing upon this Annexation Agreement, all upon such notices and related procedures as required by the Ordinance of the VILLAGE and the laws of the State of Illinois. NOW THEREFORE, for and in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows: 1. STATUTE: This Agreement is made pursuant to and in accordance with the provisions of Section 65 ILCS 5/11-15.1-1 et see. of the Illinois Municipal Code (Chapter 65 Illinois Compiled Statutes 1993). 3 2. ANNEXATION ORDINANCE: Subject to the provisions of Chapter 65, Section 5/7-1-1 et seq. Illinois Compiled Statutes, 1993, the parties respectively agree to do all things necessary or appropriate to cause the SUBJECT REALTY to be duly and validly annexed to the Village of Elk Grove Village within thirty (30) days after the execution of this Agreement. A copy of the Plat of Annexation shall be held on file in the Office of the Village Clerk. 3. REZONING: The Village hereby agrees, upon annexation, to rezone the SUBJECT REALTY (as shown on the Plat of Subdivision as discussed below) from its present zoning of R-5 Single Family Residence to the A-2 Multi -Family Residential District. It is further agreed that all public hearings required to effectuate the rezoning have been held. Such rezoning is conditioned upon the Subject Property being constructed substantially in accordance with the approved site plan prepared by Dan LeNoble & Associates dated May 20, 1997. A copy of the approved site plan shall be held on file in the Office of the Village Clerk. 4. APPLICABLE MUNICIPAL ORDINANCES. Except as otherwise specifically provided herein, all applications for rezoning, subdivision, special use permits for planned unit developments, 0 building or site improvement permits or other governmental approval or relief shall be processed and subject to the ordinances of Elk Grove Village generally in force within said Village at the time of said application. 5. BUILDING CODE. The Building Code of Elk Grove Village, in effect at the time of annexation and enforced through the Village (BOCA 1990), shall apply to the SUBJECT REALTY, and all construction thereon shall be in conformance with said Code provided that a building permit is applied for within 18 months from the annexation of the SUBJECT REALTY. If a building permit is not applied for within 18 months from annexation, the most recent building code adopted by the Village after that time, shall apply to construction on the SUBJECT REALTY. 6. PLAT OF SUBDIVISION. Attached hereto as Exhibit "B" is a preliminary Plat of Subdivision for the SUBJECT REALTY, which preliminary Plat is hereby approved. The parties respectively agree to do all things necessary or appropriate to approve and record a final Plat of Subdivision, which shall be in substantial conformance with the preliminary Plat of Subdivision. The final Plat of Subdivision must be approved prior to the issuance of any W building permit. A copy of the Plat of Subdivision shall be held on file in the Office of the Village Clerk. 7. ENGINEERING PLANS The OWNERS, their successors and assigns, shall cause any improvements upon the SUBJECT REALTY to be constructed pursuant to Final Engineering Plans and Specifications prepared by a registered professional engineer, which must be reviewed and approved by the Director of Engineering and Community Development of the Village of Elk Grove Village. Final Engineering Plans and specifications will comply where applicable with all ordinances, codes and standards in effect at the time of application for engineering approval, as the same may from time to time be amended and modified. In the event any conflict shall exist between any ordinance, code, standard, rule, regulation or criteria incorporated herein, the ordinance, code, standard, rule, regulation or criteria determined by the Director of Engineering and Community Development as applicable shall apply. 8. SPECIAL USE PERMIT. The Village shall issue a special use permit to allow the operation of an Independent Senior Housing Facility in accordance with Section 7A-3:C2c of the Village Zoning Ordinance allowing such special use. 0 9. RELIEF FROM ZONING SUBDIVISION CONTROL ORDINANCE. Upon annexation, the Village agrees to grant the following variations from the Elk Grove Village Zoning Ordinance as were recommended by the Plan Commission subsequent to a public hearing. 1. Variance from Section 7A-3:C2c(2)(c)iii of the Elk Grove Village Zoning Ordinance to permit the construction of 117 parking spaces (141 required) and the landbanking of an additional 29 parking spaces at the west end of the property. The landbanked parking spaces shall be constructed at the request of the VILLAGE at such time that 75% of the original 117 parking spaces are occupied by vehicles registered to residents of the development (89 spaces). All construction plans for the landbanked parking spaces shall be submitted as part of the initial permit process. 2. Variance from Section 7A-3:C2c(2)(a)i of the Elk Grove Village Zoning Ordinance to permit the construction of a four-story building for use as an Independent Senior Housing facility. 10. WATER SERVICE. The SUBJECT REALTY shall be served by available municipal water facilities from the existing VILLAGE 7 mains located on the west side of Meacham Road. The OWNERS, at their expense, shall install necessary off-site and on-site water mains and improvements to service the SUBJECT REALTY and shall do the restorative work as approved by the Director of Engineering and Community Development with the necessary permits. 11. SANITARY SEWER SERVICE: The SUBJECT REALTY shall be served by available municipal sanitary sewer facilities from the existing mains owned by the Village of Elk Grove Village located parallel and adjacent to the site's south property line. The OWNERS, at their expense, shall install necessary off-site and on- site sanitary sewer mains and improvements to service the SUBJECT REALTY and shall do the restorative work as approved by the Director of Engineering and Community Development. At such time that OWNERS obtain the first building permit for SUBJECT REALTY to be developed, OWNERS shall pay the VILLAGE the recapture fee as established and set forth in Section 3 of Ordinance 2297, duly passed and approved by the VILLAGE on April 13, 1993. On-site water and sewer lines shall be owned and maintained by OWNERS. Only those lines specifically identified on the P engineering plans as public improvements and properly conveyed to the Village shall be owned and maintained by the Village. OWNER will be responsible for all water charges of the VILLAGE and all sanitary sewer charges of the VILLAGE and the IM91090 12. STORM WATER DRAINAGE: OWNERS shall install on-site and off-site storm water drainage and detention facilities to service the SUBJECT REALTY by connecting to the existing 18" storm sewer located along the south side of Biesterfield Road owned and operated by the Village of Elk Grove Village or as will otherwise service the SUBJECT REALTY in a sufficient manner. All storm sewer improvements shall be built in accordance with plans approved by the Village. In addition, the OWNERS agree to acquire all necessary off-site easements from all property owners required to install necessary storm sewer lines. All easements shall be dedicated to the Village at no cost to the Village. If OWNERS cannot obtain necessary easements for storm sewers, the VILLAGE agrees to utilize its Eminent Domain authority provided, however, that all expenses incurred by the VILLAGE in this regard shall be reimbursed by the OWNERS. Off-site storm sewer improvements shall be dedicated to the Village upon completion to 9 the satisfaction of the Director of Engineering and Community Development. 13. FEES. The VILLAGE agrees to charge the OWNERS such building fees, utility connection fees, tap -on charges, engineering fees, hearing fees, notice fees, and similar fees, as are generally enforced in the Village, and in accordance with its general ordinances applicable at the date that the permit fee is applied for and required. In addition, annexation fees of $500.00 per acre ($2,440) shall be paid by OWNER to Elk Grove Village, upon the closing on the purchase of the SUBJECT REALTY, which shall be placed in the Municipal Purpose fund of the VILLAGE. 14. LAND DONATION. OWNERS agree, that in lieu of public land dedication to the VILLAGE equal to ten percent (100) of the area of the SUBJECT REALTY to be annexed, OWNER shall pay the VILLAGE upon the closing on the purchase of the SUBJECT REALTY, a sum which equals ten percent (loo) of the purchase price of the SUBJECT REALTY paid by OWNER. OWNERS shall provide acceptable evidence of the purchase price of the SUBJECT REALTY to the VILLAGE. 10 15. RECORDATION. The parties shall cause a copy of this Agreement to be recorded in the Office of the Recorder of Deeds, Cook County, Illinois. 16. MISCELLANEOUS PROVISIONS. A. NOTICES: All notices hereunder shall be in writing and must be served either personally or by registered or certified mail to: 1. VILLAGE at: Village Manager Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007 2. OWNERS at: AMERICAN HOUSING PARTNERS 1106 Old Elm Lane Glencoe, Illinois 60022 B. BUILDING PERMIT: ELK GROVE VILLAGE agrees that within twenty-one (21) days after receipt of a complete application, it will either issue such building and other permits as may, from time to time be requested by OWNERS, their successors and assigns, or issue a Letter of Denial within said period of time, informing OWNERS, their successors and assigns, as to the specific deficiencies in the application for permits, plans or 11 plans and tions, 1 of su Permit seem n and all app licable ch specxtications. all conform to this A9Y to ionsr sh LLAGE aq zees specitycat codes• ELK GROVE VI e provided Ces andIGATES' otherwis oxdinan OCCUPANCY GERTIp exCept as of issue a C, s of OccuPal" the apPlycati°�' OWNERSr ficate after iTI�°rmin9 issue Ce w thrn ten 1101 dsayd period of time to what GozreCtrans herein, penial within aPeCitically as a Certificate of Letter u Gesso or assigns,n to the issuance o0 ordinance yelled sots their s a condition of any code e CessaxY as section recti°n- az ne q in9 these its request fox cor no stop order Clot e Q°CuPanoyr VILLAGE zn will rasa SU%SECT uP°n by ELK GROVE ERg: The Village in9 on parts °t the Code or O? ilde D.STOP e in the the Villaq work stoppage section °f eir agents and xecting in9 the OW S °r th It di deta�-i NER of Ian. without violated by such vi at REALTY xeeznent to cure cessive n of this A s in which satetY or ex p°xtzo OWNERS five l51 daY elates to publyC and Comm°nytY al orders or however, reCtar at En9�neeza-n9 until OWNER der, work e wor edOtelY a stop by th pix k imcn of the noise as determined all cease all e satisfaction ° merit, OWNER sh to the xeasonabl bevel p violation Corrects gucil Vi]lage- 12 E. CROSS EASEMENT WITH PROPERTY TO THE SOUTH: Prior to issuance of any occupancy permits, OWNERS agree to enter into mutual cross easement agreements with E1 Bethel Christian Center. F. SHARED ACCESS FROM MEACHAM ROAD/DEDICATED ROADWAY: At the request of the VILLAGE, OWNERS agree to dedicate sufficient land to be used for a shared public roadway access with the property to the north at such time that the property to the north is developed. Said roadway and shared access shall be designed by the Village in conjunction with the future developers of the property to the north and installed at the future developers expense. This includes any costs incurred for modifications required on the SUBJECT REALTY as the result of the shared access. Said access shall be properly aligned with Dakota Lane on the west side of Meacham Road. G. RESIDENT/BUSINESS TO REMAIN ON PROPERTY: The Village agrees to permit the existing resident/business owner on the SUBJECT REALTY to remain on the property for a period of nine (9) months from closing on the purchase of the SUBJECT REALTY, or until such time that the first building permit is issued, whichever first occurs. 13 H. FAILURE OF OWNER TO ACQUIRE TITLE: Notwithstanding anything herein to the contrary, if OWNER fails to acquire legal title to the SUBJECT REALTY within twelve (12) months after execution of this Annexation Agreement, this Annexation Agreement shall be deemed null and void, including any associated special use permits and variations to building and zoning codes of the Village. I. BINDING EFFECT, TERM AND AMENDMENT: This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record of the SUBJECT REALTY, their assigns, lessees and upon any successor municipal authority of ELK GROVE VILLAGE and successor municipalities, for a period of ten (10) years from the date set forth in the first paragraph of this Agreement. J. SEVERABILITY: This Agreement is entered into pursuant to the provisions of Chapter 65, Section 65 ILCS 5/11-15.1-1 et seq., Illinois Compiled Statutes, 1993. The corporate authorities of the Village of Elk Grove Village have heretofore conducted a public hearing upon this Agreement. In the event any part or portion of this Agreement, or any provision, clause, wording or designation shall be deemed to be excised from this Agreement, the IM invalidity thereof shall not affect the remaining portions thereof. K. ENFORCEABILITY: This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by any appropriate action at law or in equity to secure the performance of the covenants contained herein. L. SURVIVAL OF REPRESENTATIONS: Each of the parties hereto, for themselves, their successors, assigns, heirs, devisees and personal representatives, agrees that the warranties and recitals set forth in the preamble to this Annexation Agreement are material to this Agreement, and the parties hereby confirm and admit their truth and validity and hereby incorporate such representations, warranties and recitals into this Agreement, and the same shall continue during the term of this Agreement. M. GENDER: Unless the provisions of this Agreement otherwise require, words imparting the masculine gender shall include the feminine; words imparting the singular number shall include the plural; and words imparting the plural shall include the singular. 15 N. CAPTIONS AND PARAGRAPH HEADINGS: The captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the day and year first above written, the same being done after public hearing, notice and statutory requirements having been fulfilled. ATTEST: ATTEST: Patricia S. Smith OWNERS: AMERICAN HOUSING PARTNERS VILLAGE: THE VILLAGE OF ELK GROVE VILLAGE By: Craig B. Johnson Its: President 16 EXHIBIT "A" PARC= 1: THE WE8T 420.57 FESS OF THE NORTH 98 FRET OF THE SOUTH 178 FEET OF THE NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 BAST OF THE THIRD PRINCIPAL MRR137IAH, (EXCEPT THE WEST 50 FEET TAKEN BY. CONDMMTION CASE 83L50482) IN COOK COUNTY, ILLINOIS. PARCEL 2: THE EAST 800 FEET OF THE NORTH 98 FEET OF THE SOUTH 178 FEET OF THE NORTH 37.5 ACRES OF THS.WEST 75 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3: THE NORTH 98 FEET OF THE SOUTH 178.00 FEET OF THE NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, (EXCPET THE WEST 420.57 FEET AND EXCEPT THE EAST 800.00 FEET), IN COOK COUNTY, ILLINOIS. PARCEL 4: THE EAST 370.57 FEET OF THE WEST 420.57 FEET OF THE SOUTH 80.0 FEET OF THE SOUTH 178.0 FEET OF THE NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE FAST 1/2 OF THE NORTH WEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 5: THE SOUTH 80 FEET OF THE SOUTH 178.00 FEET (EXCEPT THE WEST 420.57 FEST THEREOF) OF THE NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS PARCEL 6: THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH LIES EAST OF THE EAST LINE OF THE WEST 7S ACRES OF SAID EAST 1/2 OF THE NORTHWEST 1/4, WEST OF THE WEST LINE OF THE 81ST 5 ACRES OF SAID 81ST 1/2 OF THE NORTHWEST 1/4 AND WHICH LIES BETWEEN THE EXTENSION EASTERLY OF THE NORTH AND SOUTH LINES OF THE SOUTH 178.00 FEET OF THE NORTH 37.5 ACRES OF THE WEST 7S ACRES OF SAID EAST 1/2 OF THE NORTHWEST 1/4, IN COOK Comm, ILLINOIS. 07-36-101-022-0000 07-36-101-023-0000 37-36-101-024-0000 37-36-101-025-0000 751 South Meacham Road, Elk Grove Village, Illinois