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HomeMy WebLinkAboutRESOLUTION - 8-95 - 2/14/1995 - FIRST AMENDMENT TO ANNEX AGRMT RESOLUTION NO. 8-95 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A FIRST AMENDMENT TO THE ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND LEXINGTON HOMES, INC. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: FIRST AMENDMENT TO ANNEXATION AGREEMENT Lexington Homes, Inc. a copy of which is attached hereto and made a part hereof as if fully set forth 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. PASSED this 14th day of February , 1995. APPROVED this 14th day of February , 1995. _ Michael A. Tosto Village President Pro tem ATTEST: Patricia S. Smith Village Clerk CORRECTED COPY FIRST AMENDMENT TO ANNEXATION AGREEMENT This First Amendment to Annexation Agreement, made and entered into this 14th day of February , 1995, by and between the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation existing under and by virtue of the law of the STATE OF ILLINOIS (herein, the "VILLAGE")by and through its President and Board of Trustees (herein "Corporate Authorities"), and Cole Taylor Bank, not personally, but as Trustee, under Trust Agreement dated January 1, 1994 and known as Trust No. 94-4003 (herein "OWNER"). WITNESSETH: WHEREAS, Cole Taylor Bank, not personally, but as Trustee under Trust Agreement dated January 1, 1994, and known as Trust No. 94-4003 is the owner of record of certain real estate, the legal description of which is set forth on Exhibit A, attached hereto, made a part hereof and incorporated herein by reference (which real estate consists of approximately forty-eight and six tenths(48.6) acres (herein the "SUBJECT PROPERTY")). The beneficial owner of the Cole Taylor Trust is Lexington Home, Inc., an Illinois corporation; and WHEREAS, the VILLAGE and the OWNER entered into an Annexation Agreement dated June 14, 1994 (herein, "AGREEMENT"), providing for the annexation, use and development of the Subject Property. WHEREAS, pursuant to the provisions of the Illinois Compiled Statutes, 1992, 65 ILCS 5/11-15.1-1 et seg., a proposed First Amendment to Annexation Agreement (herein "FIRST AMENDMENT") in substance and form the same as this First Amendment to Annexation Agreement was submitted to the Corporate Authorities and a public hearing held thereon pursuant to notice, as provided by statute; and WHEREAS, any entity or person entitled to notice prior to the adoption of this First Amendment have been given notice as is required by law. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, IT IS HEREBY MUTUALLY AGREED by and between the undersigned 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 First amendment is made pursuant to and in accordance with the provisions of Illinois Compiled Statutes, 1992, 65 ILCS 5/11-15.1-1 et sea. 3. Paragraph 20 of the Agreement is hereby deleted in its entirety and replaced with the following: DONATION OF PARK LAND. The OWNERS have agreed to donate a minimum of 4.23 acres as more fully described by Outlot G as indicated on the Plat attached as Exhibit B to this First Amendment for use as a park and to bear the expense of improving the land for a multi-purpose soccer field/baseball field, off- street parking area, and sidewalk to provide access to a tot lot as requested by the VILLAGE. OWNER shall deposit within thirty(30) days of the executed amendment by the VILLAGE a Letter of Credit in the amount of Thirty Five Thousand Dollars ($35,000)which Letter of Credit will guarantee reimbursement by Lexington Homes of expenses incurred by the VILLAGE or Park District for the purposes of improving the tot lot to be located on Outlot G of Exhibit B. Upon submission of a receipt or receipts detailing the cost of work performed on the tot lot to Lexington Homes,Lexington Homes shall provide reimbursement for those expenses to the VILLAGE or Elk Grove Park District up to a total amount not to exceed $35,000. Such reimbursement shall be made by Lexington Homes within 10 working days. Failure to provide reimbursement within that time frame will result in the VILLAGE drawing upon the Letter of Credit for the amount due by Lexington Homes to the VILLAGE or Elk Grove Park District. The Letter of Credit shall expire by its terms eighteen months after dedication of Outlot G to the VILLAGE and acceptance of the property by the VILLAGE. The tot lot improvements that the VILLAGE or Elk Grove Park District spends the money on shall be solely at the discretion of the VILLAGE or Elk Grove Park District provided that the improvements are attributable to the tot lot on Outlot G. In addition, OWNER agrees that the sidewalk to be constructed along the western boundary of the property parallel to Rohlwing Road shall be eight (8) feet in width. A copy of the engineering plan evidencing that improvement is attached as Exhibit C. 4. AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. All other terms and provisions of the Agreement shall remain in full force and effect for the term of the Agreement. 5. BINDING EFFECT. This Amendment shall bind the heirs and successors and assigns of the OWNERS, the VILLAGE, its Corporate Authorities and Successors in office, and be enforceable by Order of Court pursuant to the provisions of the statutes made and approved. Nothing herein shall in any way prevent alienation or sale of the subject property or a portion thereof except that said sale shall be subject to the provisions hereof and of the Zoning Ordinance of the VILLAGE and the OWNER shall be both benefitted and bound by the conditions and restrictions herein and therein expressed. 6. SEPARABILITY. It is understood that in the event any provisions of this Amendment shall be deemed invalid, then the invalidity of said provisions shall not effect the validity of any other provisions hereof or any other provisions of the Agreement'itself. 7. TRUSTEES EXCULPATION. This Agreement is executed by Trustee not personally but as Trustee as aforesaid in the exercise of the power and authority conferred upon and vested in it as such Trustee, and it is expressly understood and agreed that nothing herein contained shall be construed as creating any liability on Trustee personally, to perform any covenant either express or implied herein contained, all such liability, if any, being expressly waived by all parties hereto and by every person now or hereafter claiming any right hereunder, and that so far as Trustee personally is concerned, the parties hereto shall look solely to the Subject Property for the enforcement hereof. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals this 14th day of February, 1995, the same being done after public hearing, notice and statutory requirements having been fulfilled. COLE TAYLOR BANK, not personally, but as Trustee, under Trust Agreement dated January 1, 1994 and known as Trustee No. 94-4003 (Owner) By: LEXINGTON HOMES, an Illinois Corporation (Beneficial Owner) By: Michael A. Tosto Michael A. Tosto, Village President Pro Tem ATTEST: Patricia S. Smith Patricia S. Smith, Village Clerk EXHIBIT A PARCEL 1 : T ==E TEST 80 ACRES OF T E SOUT- 1 ''0 ACRES OF THE a SECTION 31 , TCi4NNORTH 262 ACRES OF NORTH, RANGE __SHI? 41 EAST OFTHETHIRD ZR 71 AI _ETOL yr (T={S':q AS A TRACT) • SXCLPT'7 Cw-D 295 -- - . G rRC}; TRA\ 1 , THE `'GRT3 105 ' -ET C? T-E WEST 295 . 10'5 FnET PASO EXCEPTING FRC?d SAID TR ACT, T_AT ?ART (I� *ty i _ _ Y) DYING WEST CF :::� E_ST LINE AND LYING NORTH OF aOJ':- LI?+•n (AN, IHS SvESTE LY EXTEN'SICN) O LOT 1 AS LAID CUT IN =CT_•GER' S SU3DIVISION OF T:�AT PART OF THE ?+T03TH 255 . 155 FEET OF THE WEST 295 . 155 FEET O: THE iv=ST 80 ACRES OF THE SOUTH 160 ACRES OF THE NCRT- 262 ACRES OF SECTION 31, TCS4NSHIP 41 NORTH, ='vG 11 EAST OF _ THI2D ?RIcCI L ?�IZRIDI.^-_'Q, (FXCE=T_ vG THERE FROM THAT r R'7 TF{a'_v FOR -IG::WAY PURPOSES) SAID SU-nDIVISICN =RING RECORDED DECE:r ER o' 1 =RCDP 578 AS DOC�3NT Nu?•-ER 24752434 ; *i � FOL•=Oi4S-NC FROM SAID TRACT, THAT P�iT 3CU?DED A7 DESCR= AS --G!N?V_;vG AT --^ SOU-.H EPS^_ CCRNER C? =AID X"EST 60 ACRES OF SCus3 160 ACRES GF E NCRTH 262 ACRES ; THENCE NORTH ALONG EAST LINE 02 SAID .HEST 80 ACRES , TO CENTER LINE GF 3IESTERFIELD RODS; THENCE WEST ALONG SAID CENTER LINE OF 3IESTERFIELD RCPS A DISTANCE O? lc47. 90 FEET TO A POINT ON THE EAST LINE OF THE AFCRESA--D WEST 295 . 165 ET; THENCE SOUTH LONG THE EAST LINE O? SAID W2-ST 295 . 165 FEET A DISTANCE 0: 100 '-ET TO A POINT; THENCE SOUTHEASTERLY ALONG A STRAIGHT LIN'.; A DISTANCE OF 305 FEET TO A POINT NO.I-InT,i.y DISTANT 155 ===T SOUTH OF SAID CENTER LINE OF 3I.:STERFIELD ROBS; THENCE SOUTHEASTERLY P-LONG A STRALIGHT LINE A DISTANCE O? 201. 56 3T TOA POINT NORKALLY DISTANT 180 ET SOUTH OF SAID CENTRE LINE OF 3IESTERFIELD RODS; THENCE SOUTHEASTERLY ALONG A STRAIG HT LINE 02 300 . 17 "ET TO A POINT NOR* nI LY DISTP_NT i90 FEET SOUTH C? SAID CENTER LINE 07 3IESTERFIELD ROAD; THENCE 3PST, PA�nr.i,EL WITH SAID CENTER LINE OF BIESTERFIELD BOPS A DISTANCE C? 1.1 40 FEET TO A POINT; T_-N'C3 SOUTH 13 DEGREES 25 MINUTES 30 SECCNL'S LAST, A DISTANCE O 1850 .29 FEET TO A POINT ON HE SOUTH LINE CF SAID NORTH 262 ACRES; THENCE` EAST ALONG SAID SOUTH LINE O? THE NORTH 20'2 AC=ES TO T-3 PGINT OF BEGINNING; ALSO EXCEPTING FROM SAID TRACT, T AT PART (IF ANY) LYING SOUTH O? THE +TCRTH LINE Ge THE STRIP G? LAND, DESCRI3ED IN EXHI31T "A" OF CIRCUIT COURT CASE Nu7✓_=ER 76 "L°13492 (THE NORTH LINE Or SAID STRIP C? LAND -RING ALSO THE NORTH LINTS, PN, ITS WESTERLY EXTENSION, O? RCHLWING GROVE L?QI N1✓=_R 5 , 33ING A Su=DIVISION OF ?ART 07 TH. SOUTH 1/2 OF SECTION 31 , TOWNSHIP 41 NORTH, RANGE 11 EAST Or THEH7R rR_NCIPP? *?RIDIAN, P1L AS SHOWN PS PARCEL 1 ON ?LAT O? SuRV Y RECORDED MAY 8 , 1984 AS DOCu=-NT Nu?rER 27076156 ; 'ALSO EXCEPTING FROM SAID TRACT, T''.AT PP_RT BOUNDED PN7 DESCRI=ED AS BEGINNING -ATFOLLOWS : TH3 __N'TERSECTION CF THE SOUTHERLY RIGHT-OF-WAY LINE OF 3IESTER?7EED RODS WITH THE WESTERLY RIGHT-OF-WAY LIN; Or P.A. I . ROUTE 290 PER ORDER 3STPSLISHING FREEWAY RECORDED APRIL 15 , 1968 AS DOCUMENT NO. 20458052 ; THENCE ON AN ASSUMED BEARING OF SOUTH 13 -T7=GREES 43 MINZIT_S 03 SECONTDS EAST ALONG SAID WESTERLY RIG'r.T O? W.�y _ NE 789 . 86 FEET; THENCE NORTH 31 DEGREES 04 MINUTES 18 SECONLS i+-ST 898 . 41 ?RET TO THS SOUTHERLY R-C_'T 0? WAY LINE 3_Tn i - _t N: Or SAID -STERFIELD RODS; THENCE SOUTH 89 DEGREES 26 MINUTES 17 SECONDS E ST :-CNG SAID SCUT-TREY RIG&T C: WAY LINE 200 . 45 FEET;r _ THENCE CCNTI_ UING ALCNG SAID SGuTrERLY RIGHT OF WAY LINE NCRT 88 DEGREES 39 M--'-= S 10 SECONiS EAST 14 . 50 FEET TO THE POINT 0? .,EG_NNING; ALSO EXCEPTING FROM SAID TRACT, THAT PART BOUNDED ?ND DSSC?I 7-D PS _CLLCicS . B=GEiv:47:4G AT TaE INiSiSSCTIGN Oc T EASTERLY ZIG C? A:?Y L-\7 OF ?p T_.i4I1G ZCt __? DEDICATION RECORDED A??IL 5 , 19=2 AS DOCL�-NT NO. 11059335 IN SAID CCTUN Y WITH THE SOUTH LINE C? .OT 1 IN 307GER' S SL'cDIVISICN PER PLAT :ECCRDED DS-Cs?c=ER 5 , 1978 AS DCC'--;=NT NO. 24752434 ; THENCE ON AN ASSu2r'D SEARING 0? NORTH 88 DEGREES 38 MINUTES 24 SECONDS -AST ALONG THE SCLTH LINE G? SAID LOT 1 A DIS-_A_CE C? 15 . 00 _.=ST; THENCE SOUTH CO DEGREES 05 MINu Z 01 SECONDS E=ST 205. 28 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES 59 S-CON=S !TEST S . CO '_ _ET• THENCE SOUTH 00 DEGREES 05 MINZTI'SS 01 SECCN S EAS^_ 10O . 00 =_E , THENCE NORTH 89 D2GZEES 34 MINtiI- 39 SECCN_S EAST 10. 0 _ _ET _ENCE SOUTa 00 DEG 05 ':✓INu—_E- oI SECCA--S =A-ST 100 . 00 rFEET; _HENCE SOUTH 89 DEGREES 54 MIN'UT7-S 59 SECCN-- !TEST i0. 00 77E- THENCE SOUTH 00 DEGREES 03 MINUT? 01 SECCN-S EAST 500 . 00 _ _ET; THENCE SOUTH. 8c DEGREES 54 M.TN,TL 7S 5c -ECC' -- itiES .4 . .7 :-__ TO THE !TEST LINE O SAID SECTICN 3_ HENCE NCR'Z 00 DEGREES CO MItiuTES 00 SECCNDS EAST A_•GNG SAID iv.ST _I1GE 904 . 911 7--ET; _--ENCS NCRT� 8B DEGREES 38 MINUTES 24 SECONDS ZEAST 43 . 06 FEET TO THE =OINT 0? _EGIN'NING, IN COOK COUNTY, ILLINOIS . ?ASCEL 2 : 1::IT -=tT C* SECTION 31, TOWNSHIP 41 NORTH, R.=NGE 11 HEST OF THE THIRDPRINCIPAL1,�-RIDIAN, LYING SOUTH? OF THE NORT 262 ACRES OF SAID SECTION; LYING NORTH 0_ THE NORTH LINS O; THE STRIP OF AND DESCR_MTD IN . XrIT "?" 0? CIRCUIT COURT CASE NLlIr=ER 75"L"13492 (THE NORTH LINE OF SAID STRIP 0_ LAw7 -SING ALSO THE NORTH _INE, AND ITS iv?STERLY EXTENSION, OP RCHLWING GROVE UNIT tiu?�=ER 3 -=-7!-NC- A EINGA Su-=DIVISION OF PART 0? _THE SO'iT3 1/2 0? SECTION 31, TOWNSHrP a1 NORTH, R._*-NGS 11 EAST 0? THE ^a=- =RINCT_PAT RIDIAr1) ; A7i LING iv?ST==LY OF Tai WEST LIN; O F.A. I . ROUTE 90 TSTA=LISHED Su=SEQUIZI TO O ZER RECORDED APRIL i5 , 1953 AS DOCu?!ENT7blC--R 20458032 , ALL AS SHOwN AS PARCEL 2 ON PLAT OF SURVEY R=-CC?-',D--D YAY 8 , 1684 AS DOCL'rN: ��?✓=E3 27076:55, IN COC{ CObY7Y, ILLINOIS 2- ~ i11ir� �*4—i -er EXHIBIT B FINAL PLAT OF SUBDIVISION HUNTINGTON CI-SASE PHASE ONE . 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