Loading...
HomeMy WebLinkAboutRESOLUTION - 37-97 - 8/12/1997 - ANNEX. AGRMT/MANORCARE HEALTH SERVICESRESOLUTION NO. 37-97 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND MANORCARE HEALTH SERVICES, INC. WHEREAS, on August 12, 1997, a public hearing was held pursuant to Section 65 ILLS 5/11-15.1 et. seg. of the Illinois Revised Statutes to consider the approval of an Annexation Agreement between the Village of Elk Grove Village and ManorCare Health Services, Inc. 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 beat 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 ManorCare Health Services, Inc., a copy of which is attached hereto and made a part hereof and the Village Clerk is authorized to attest said documents 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. Trustees N. Czarnik, B. Dill, S. Lissner, VOTE: AYES: J. Petri, C. Prochno, President C. Johnson NAYS: None ABSENT: P. Feichter PASSED this 12th day of August 1997. APPROVED this 12th day of August , 1997. ATTEST: Patricia S. Smith VILLAGE CLERK 2 Craig B. Johnson VILLAGE PRESIDENT (M-189.2) 54404-37 8/7/97 VILLAGE OF ELK GROVE VILLAGE and MANORCARE HEALTH SERVICES, INC. and AMERICAN MIDWEST BANK & TRUST, Trustee under Trust Agreement dated September 15, 1993, known as Trust Number 6498 THIS DOCUMENT HAS BEEN PREPARED BY AND SHOULD BE RETURNED AFTER RECORDING TO: David E. Zajicek, Esq. MCBRIDE BAKER & COLES One Mid America Plaza, Suite 1000 Oakbrook Terrace, IL 60181 (630) 954-2105 rinlK,hFL:v oveox, movem,rN THIS AGREEMENT is made and entered into this 12th day of August, 1997, by and between the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation of the County of Cook in the State of Illinois (the "Village"), MANORCARE HEALTH SERVICES, INC., a Delaware corporation ("Developer") and AMERICAN MIDWEST BANK & TRUST, Trustee under Trust Agreement dated September 15, 1993, known as Trust Number 6498 ("Owner") WHEREAS, Developer is the owner of record of the parcel of real estate legally described on EXHIBIT A attached hereto (the "Incorporated Property"); and WHEREAS, the Incorporated Property is within the corporate limits of the Village and is zoned A-2 Multiple Family Residence District, impressed with the benefit of a Special Use Permit pursuant to Ordinance 1956 passed and approved on March 22, 1988, permitting the construction and operation of a 120 -Bed Nursing Home and pursuant to Ordinance 2379 passed and approved on July 12, 1994 permitting the construction and operation of a 56 -Bed Alzheimer Care Living Facility and a 60 -Bed Addition to the Nursing Home; and F WHEREAS, Owner is the owner of record of the parcel of real estate legally described on EXHIBIT B attached hereto (the "Unincorporated Property"), which is adjacent to and immediately west of the Incorporated Property and is contiguous to the Village and not within the corporate limits of any municipality; and WHEREAS, Developer is the contract purchaser of the Unincorporated Property and intends to construct and operate a 101 Unit/109-Bed Assisted Living Facility on the Unincorporated Property; and WHEREAS, the Unincorporated Property is also described and shown on the Plat of Annexation filed in the Village Clerk's Office as EXHIBIT C (hereinafter referred to as the "Territory"); and WHEREAS, the Territory constitutes property which is contiguous to and may be annexed to the Village as provided in the Illinois Compiled Statutes, 1993, 65 ILCS 5/7-1-8; and WHEREAS, the development of the Territory within the corporate limits of the Village as provided for herein would be beneficial to the Village in that such development would increase thetax base of the Village, would promote the sound planning and development of the Village, would extend the Village's jurisdiction over the 3 Territory thereby protecting the Village from possible undesirable or inharmonious uses and development, and would otherwise enhance and promote the general welfare of the Village; and WHEREAS, the parties hereto desire, pursuant to the applicable provisions of the Illinois Compiled Statutes, 1993, 65 ILCS 5/11-15.1.1 et. seq.) and the Ordinances of the Village, to enter into an agreement with respect to the annexation of the Territory and with respect to various other matters related thereto; and WHEREAS, Developer has furnished the North Cook County Soil and water Conservation District with all necessary information and the District has determined that no resource data was available for the Territory and District will not comment; and WHEREAS, Developer has furnished the Illinois Department of Conservation, Division of Natural Heritage, with all necessary information and said Division has determined that there are no threatened or endangered species or natural areas located within the vicinity of the Territory; and WHEREAS, the Village has notified the Trustees of the Roselle Fire Protection District, the Schaumburg Township Commissioner of Highways and the Trustees of Schaumburg Township and will file affidavits of such service of notice with the Recorder of Deeds for 4 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 Village Plan Commission relating to the zoning amendments and variations to the Village's Zoning Ordinance and the granting and amending of Special Use Permits thereunder, all as requested herein with respect to the Territory and the Incorporated Property, have been held pursuant to proper notice published on May 20, 1997, by the Village in the Daily Herald, a newspaper of general circulation within the Village, and pursuant to notice given by the Village to surrounding property owners and posted by Developer as required by the Village's Zoning Ordinance; and WHEREAS, public hearings before the President and Board of Trustees of the Village with regard to this Agreement have been held pursuant to proper notice published on July 28, 1997, by the Village in the Daily Herald, a newspaper of general circulation within the Village and pursuant to notice given by the Village to surrounding property owners and posted by Developer as required by the Village's Zoning Ordinance; and 5 WHEREAS, the Plan Commission has recommended to the Corporate Authorities of the Village that the Property be zoned as hereinafter set forth, that Special Use Permits and Amendments to Special Use Permits be granted as hereinafter set forth, and that certain variations to the Village's Zoning Ordinance be granted as hereinafter set forth with respect to the Territory and the Incorporated Property so both properties can be developed and operated by Developer as a 180 -Bed Nursing Home, a 56 -Bed Alzheimer Care Living Facility and a 101 Unit/109-Bed Assisted Living Facility on the same zoning lot and subdivision lot; and that the provision of 190 parking spaces, instead of the required 196 parking spaces, be approved; and WHEREAS, Owner has presented to the Village Clerk and the Corporate Authorities of the Village a duly executed Petition for Annexation of the Unincorporated Property; and WHEREAS, the Corporate authorities of the Village have considered the annexation and have determined that the best interests of the Village will be met if the Territory is annexed to the Village and the Territory and the Incorporated Property are zoned and developed in accordance with the provisions of this Agreement and, by the affirmative vote of at least two -third's of ri the Corporate Authorities, has approved this Agreement and has authorized the President and Clerk of the Village to execute this Agreement. NOW, THEREFORE, in consideration of the foregoing preambles which are hereby incorporated into and made a part of this Agreement and of the mutual covenants hereinafter contained, the parties mutually agree as follows: I The Village, Developer and Owner shall do all things necessary or appropriate to cause the Territory to be validly annexed to the Village at the regular meeting of the Board of Trustees of the Village concurrently with the execution of this Agreement, including the enactment of such resolutions and ordinances as may be necessary to cause the Village to comply with the terms of this Agreement, including the granting of any zoning Ordinance amendments or variations, Special Use Permits, Special Use Permit amendments or Subdivision Control Ordinance amendments or variations to permit Owner to develop the Territory and the Unincorporated Property in accordance with the terms of this Agreement. A II In accordance with Article I, above, the Village shall amend the Comprehensive Plan and Official Map and Zoning Map of the Village by the adoption of an ordinance classifying and zoning the Territory as A-2 Multiple Family Residential District, so that the uses shown on the Preliminary Site Plan filed in the Village Clerk's Office as EXHIBIT D, defined in Section 3.01, below, may be developed as Permitted Uses thereunder in accordance with this Agreement. III 3.01 The Village hereby approves and Developer hereby agrees to develop the Territory and the Unincorporated Property in substantial conformance with the Preliminary Site Plan (prepared by Manhard Consulting Ltd. [one sheet], with latest revision date of July 25, 1997) and the Landscape Development Plan (prepared by David R. McCallum Associates, Inc. [one sheet], with latest revision date of July 30, 1997), collectively the "Site Plans," copies of which are on file with the Village Clerk's Office as EXHIBIT D and EXHIBIT E, respectively. 3.02 The Territory and the Incorporated Property shall constitute a one lot subdivision as shown on the Final Plat of Subdivision for Springhouse Subdivision (prepared by Manhard Consulting Ltd. tone sheet], with latest revision date of July 31, 1997), a copy of which is on file in the Village Clerk's Office as EXHIBIT F and which is hereby approved by the Village. 3.03 The Site Plans shall govern the location of buildings and structures; provided, however, that building locations and total square footage may be adjusted within a five (5) foot envelope around each building site shown on the Site Plans so long as applicable building setback lines and floor area ratios as set forth in the Village Zoning Ordinance are not violated and construction otherwise complies with the municipal ordinances and building codes, as set forth in Section 5.02 of Article V herein. IV 4.01 Zoning Ordinance. The Zoning Ordinance of the Village shall be deemed modified and varied with respect to the Territory and the Incorporated Property pursuant to public hearing before the Plan Commission as follows: E A. Chapter 3. Section 3-5:B. Three principal buildings, namely, a 180 -Bed Nursing Home, a 56 -Bed Alzheimer Care Living Facility, and a 101 Unit/109-Bed Assisted Living Facility shall be permitted on the same zoned lot. 3(g). The requirement for off-street parking shall be met by the construction of 190 parking spaces instead of the required 196 spaces, with a variance allowing for the reduction of 6 parking spaces. V 5.01 Engineering Plans. Upon development of the Territory and the Incorporated Property, all engineering improvements on the Territory and Incorporated Property shall be constructed by Developer in substantial conformance with the preliminary engineering plans as shown on the Preliminary Site Plan, previously referred to as EXHIBIT D, covering all streets, street lights, sidewalks, sanitary sewers, water mains, storm water sewers and storm water detention ponds, which the Village hereby approves. The proposed 811 water main running along the frontage of the Territory on Nerge Road shall be conveyed, deeded and transferred 10 to the Village upon the completion of construction and acceptance by the Village. 5.02 Applicable Municipal Ordinances. Except as otherwise specifically provided herein, all land development and construction on the Territory and the Incorporated Property shall be in accordance with municipal ordinances and building codes, including the occupancy classification of the buildings, type of construction, height and area calculations, the fire protection features of the buildings and the location and total square footage of the buildings, then in effect in the village at the time of application for any permit relating thereto. W : - - WO IV -WAR 0 9-7iQ11 1-73 t F9703 4 CUMMMM13itI • -. 11 - . - Village represents and warrants to Developer and Owner that (i) there are no rebate or recapture obligations applicable to the Territory or the Incorporated Property or payable by Developer or Owner, and (ii) no off-site public improvements in the nature of sanitary sewer treatment capacity, sanitary sewer lines, water storage tanks, water lines, storm water lines, public road improvements, or the like are required to service the Territory or the Incorporated Property for the uses described herein. 11 5.04 Signs. The Developer and owner shall be permitted to install signs that conform with the Village's sign ordinance. Variations for signs that do not conform with the said ordinance will be considered by the Board of Trustees of the Village. No exterior sign will be placed or located on or over any underground water main. 5.05 Stormwater Release Rate. After completion of all land development and construction on the Territory, the maximum allowable stormwater release rate for the Territory shall not exceed 0.10 cubic feet per second per acre. VI 6.01 Enforceability. This Agreement shall be enforceable in any court of competent jurisdiction by any party hereto by an appropriate action at law or in equity to secure the performance of the covenants, agreements, conditions and obligations of each party to this Agreement. The parties agree that an injunction preventing or requiring certain action by any of the parties under the Agreement may be appropriate and do hereby consent and agree to the jurisdiction of a court of equity for such purposes. 12 6.02 Severabilit - If any of the covenants, conditions or terms of this Agreement shall be found void or unenforceable for whatever reason by any court of law or of equity, then every other covenant, condition or term hereof shall remain valid and binding provided in such event the parties shall to the fullest extent possible modify such void or unenforceable covenant, condition or term to the extent required to carry out the general intention of this Agreement and to impart validity to such covenant, condition or term. 6.03 Notice. Any notice or demand provided for herein or given pursuant to this Agreement shall be in writing and sent by United States certified mail, return receipt requested, postage prepaid, or given by personal delivery to the parties as follows: To Village: Village of Elk Grove Village Attention: Village Manager 901 Wellington Avenue Elk Grove Village, IL 60007 To Developer: ManorCare Health Services, Inc. Attention: David B. Lanning 11555 Darnestown Road Gaithersburg, MD 20878-3200 Copy to: Ms. Cindy Heidel ManorCare Health Services, Inc. 11555 Darnestown Road Gaithersburg, MD 20878-3200 13 Copy to: David E. Zajicek, Esq. McBride Baker & Coles One Mid America Plaza, Suite 1000 Oakbrook Terrace, IL 60181 To Owner: Cornelius F. Riordan McNeela & Griffin, Ltd. 175 West Jackson Boulevard Chicago, IL 60604 or at such other address or addresses as a party may designate from time to time by like notice to the other. Any notice served by certified mail shall be deemed given on the second business day after the day mailed. 6.04 Term. This Agreement shall be valid and binding for a period of ten (10) years from the date of execution of this Agreement by the Village. 6.05 Benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns or grantees and upon any successor municipal authorities of the Village and upon any successor municipalities. 6.06 Amendment. This Agreement may be amended from time to time with the consent of the parties pursuant to the statute in such cases made and provided. Notwithstanding anything herein to the contrary, however, the Site Plans and any portion thereof, including any provision of the Zoning Ordinance or Subdivision 14 Control Ordinance of the Village, as the same may apply to the Territory or the Incorporated Property, may be amended, changed or otherwise modified by Developer and the Village without the necessity of amending this Agreement, if said amendment, change or modification is approved by the Village pursuant to the applicable procedural requirements provided for such amendment, change or modification as contained in the Zoning Ordinance and Subdivision Control Ordinance of the Village, as the case may be. 6.07 General Fees. The Village agrees to charge the Developer or Owner 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, Municipal Purpose Fund fees of $500.00 per acre amounting to $950.00 shall be paid to the Village upon annexation. 6.08 Other Fees. The parties agree that in lieu of public land dedication to the Village equal to ten percent (10.0%) of the area of the Territory to be annexed hereunder, Developer shall pay the Village upon its execution of this Agreement, the sum of $63,847.00, which equals ten percent (10.0%) of the purchase price 15 of the Territory paid by Developer to Owner. Developer shall provide acceptable evidence of the purchase price paid for the Territory to the Village. in M Notwithstanding anything herein to the contrary, if Developer fails to acquire title to the Territory pursuant to.its Contract For The Purchase of Real Estate with Owner, dated June 30, 1996, this Annexation Agreement may be declared null and void upon notice to the Village by Developer or by Owner with Developer's consent. Huy IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written by persons duly authorized. VILLAGE OF ELK GROVE VILLAGE, a municipal corporation of the County of Cook, State of Illinois, By: Craig B. Johnson ATTEST: Village President Patricia S. Smi Village Clerk ATTEST: MANORCARE HEALTH SERVICES, INC. AMERICAN MIDWEST BANK & TRUST, Trustee under Trust Agreement dated September 15, 1993, known as Trust Number 6498 17 ANNEXATION AGREEMENT VILLAGE OF ELK GROVE and MANORCARE HEALTH SERVICES, INC. and AMERICAN MIDWEST BANK & TRUST, Trustee under Trust Agreement dated September 15, 1993, known as Trust Number 6498 EXHIBIT LIST A. Legal Description - Incorporated Property B. Legal Description - Unincorporated Property ON FILE WITH VILLAGE C. Plat of Annexation D. Preliminary Site Plan - Latest Revision Date July 25, 1997 E. Landscape Plan (1 sheet) - Latest Revision Date July 30, 1997 F. Final Plat of Subdivision - Latest Revision Date July 31,.1997 M STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that Craig B. Johnson personally known to me to be the VillagePresident of the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation of the County of Cook State of Illinois, and Patricia S. Smith personally known to me to be the Village Clerk of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Vi11aQePresident and Village Clerk, they signed and delivered the said instrument as Village President and Village Clerk, pursuant to authority, given by the Board of Trustees of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal this 13th day of t , 1997. Nora E. Layton (SEAL) Notary Public Commission expiresMay 28 , 1998 19 STATE OF ILLINOIS ) SS COUNTY OF COOK ) The undersigned, a Notary Public in and for said County and State aforesaid DOES HEREBY CERTIFY that Trust Officer of Trust Number 6498 of American Midwest Bank & Trust, Trustee under Trust Agreement dated September 15, 1993, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of as Trustee aforesaid, for the uses and purposes therein set forth. Given under my hand and notarial seal, this day of 1997. Notary Public Commission Expiration: STATE OF MARYLAND ) SS COUNTY OF ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that personally known to me to be the President of MANORCARE HEALTH SERVICES, INC., a Delaware corporation, and personally known to me to be the Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Secretary, they signed and delivered the said instrument as President and Secretary of said corporation, pursuant to authority, given by the Board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official this day of 1997. Notary Public Commission expires , 19 EXHIBIT A Incorporated Property The East 331.75 feet of the West 995.25 feet (both measured along the South line of Section) of the South 1/2 of the South West 1/4 of the North East 1/4 of Section 35, Township 41 North, Range 10, East of the Third Principal Meridian, excepting that part of the South 50.0 feet thereof conveyed to the County of Cook, Department of Highways, by deed recorded March 5, 1987 as Document 87 12 1349 in Cook County, Illinois. PARCEL 2: The East 331.75 feet (except the East 165.875 feet thereof) of the South 1/2 of the South West 1/4 of the North East 1/4 of Section 35, Township 41 North, Range 10, East of the Third Principal Meridian, excepting the South 50.0 feet thereof conveyed to the County of Cook, Department of Highways, by deed recorded March 5, 1987 as Document 87 12 1349 in Cook County, Illinois. THE NORTH 250.0 FEET (AS MEASURED ALONG THE WEST LINE OF MANOR CARE SUBDIVISION) OF THE EAST 331.75 FEET OF THE WEST 663.50 FEET (AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 35) OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF AND ALONG LOT 1 IN MANOR CARE SUBDIVISION RECORDED SEPTEMBER 21, 1988, AS DOCUMENT NO 88433300, IN COOK COUNTY, ILLINOIS. EXHIBIT B Unincorporated Property THE EAST 331.75 FEET OF THE WEST 663.50 FEET (AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 35) OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THEREFROM THAT PART FALLING WITHIN LOT 1 OF AMERICANA RESUBDIVISION RECORDED DECEMBER 8, 1994 AS DOCUMENT NUMBER 04033458, AND EXCEPTING THEREFROM THE SOUTH 50 FEET OF THE LAND CONVEYED TO THE COUNTY OF COOK BY DEED RECORDED DECEMBER 15, 1986 AS DOCUMENT NUMBER 86597548, AND EXCEPTING THEREFROM THE PART FALLING WITHIN NERGE ROAD), IN COOK COUNTY, ILLINOIS.