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HomeMy WebLinkAboutRESOLUTION - 24-94 - 5/10/1994 - ANNEX. AGRMT/LEXINGTON HOMESRESOLUTION NO. 24-94 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND LEXINGTON HOMES WHEREAS, on May 10, 1994, a public hearing was held pursuant to Chapter 24, Section 11-15.1-1 et seg. of the Illinois Revised Statutes to consider the approval of an Annexation Agreement bet- ween the Village of Elk Grove Village, American National Bank and Trust Company as Trustee under Trust Agreement dated July 12, 1984 and known as Trust Number 61580, Cole Taylor Bank as Trustee under Trust Agreement dated January 1, 1994 and known as Trust Number 110733 and Lexington Homes, Inc., herein collectively referred to as "Owner"; 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 bet- ween 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 au- thorized to sign an Annexation Agreement between the Village of Elk Grove Village and Owner, a copy of which is attached hereto and made a part hereof and the Village Clerk is authorized to at- test 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. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 - PASSED this 10th day of May 1994. APPROVED this 10th day of May 1994. ATTEST: Patricia S. Smith _ VILLAGE CLERK -2- Michael A. Tosto _ VILLAGE PRESIDENT, Pro tem ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 10tday of May 1994, by and between the Village of Elk Grove Village, a municipal corporation existing under and by virtue of the laws of the State of Illinois (herein the "VILLAGE") by and through its President and Board of Trustees (herein "Corporate Authorities"), and American National Bank and Trust Company, not personally, but as Trustee, under Trust Agreement dated July 12, 1984, and known as Trust No. 61580 (herein "OWNER") and Cole Taylor Bank, not personally, but as Trustee, under Trust Agreement dated January 1, 1994, and known as Trust No. 110733, and Lexington Homes, Inc., an Illinois corporation (herein 'Developer"). The OWNER and Developer are collectively referred to herein as "OWNERS"). WITNESSETH: WHEREAS, American National Bank and Trust Company, not personally, but as Trustee, under Trust Agreement dated July 12, 1984 and known as Trust No. 61580 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 Trust is Alexian Brothers. WHEREAS, Cole Taylor Bank, not personally, but as Trustee, under Trust Agreement dated January 1, 1994, and known as Trust No. 110733 and Lexington Homes, Inc., an Illinois corporation are the contract purchasers of the Subject Property. The beneficial owner of the Cole Taylor Trust is Lexington Homes, Inc., an Illinois corporation; and WHEREAS, the Subject Property is not located within the corporate limits of any municipality but adjoins, abuts, and is contiguous to the corporate limits of the VILLAGE; and WHEREAS, the Subject Property constitutes territory which is contiguous to and may be annexed to the VILLAGE as provided in the Illinois Compiled Statutes, 1992, 65 ILCS 5/7 -1 - am WHEREAS, the OWNER, Developer and the VILLAGE desire to have the Subject Property annexed to the VILLAGE upon certain terms and conditions hereinafter set forth; 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, pursuant to the provisions of Illinois Compiled Statutes, 1992, 65 ILCS 5/11-15.1-1 et sec., a proposed annexation agreement in substance and form the same as this agreement was submitted to the Corporate Authorities and a public hearing held thereon pursuant to notice, as provided by statute; and WHEREAS, any fire protection district, or other entity or person entitled to notice prior to annexation of the Subject Property 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: I. INCORPORATION OF PREAMBLE. The recitals hereto are hereby incorporated by reference as if expressly set forth in this Agreement. -2- 2. STATUTORY AUTHORITY. This Agreement is made pursuant to and in accordance with the provisions of Illinois Compiled Statues, 1992, 65 ILCS 5/11-15.1-1 et sec. 3. PETITION FOR ANNEXATION. The OWNERS have filed with the Village Clerk a proper petition for the annexation of the Subject Property to the VILLAGE conditioned upon the terms and provisions of this Agreement. The OWNERS have paid all appropriate fees and deposits. 4. ANNEXATION ORDINANCE. Subject to the provisions of the Illinois Compiled Statutes, 1992, 65 ILCS 5/11-15.1-1 et sec., as amended, the parties respectively agree to do all things necessary or appropriate to cause the property shown in the Plat of Annexation attached hereto as Exhibit B to be duly and validly annexed to the Village of Elk Grove Village within thirty (30) days after the execution of this Agreement. 5. REZONING. The Village hereby agrees, upon annexation, to rezone the property as referenced in Exhibit B from R-3 to A-2 PUD Multiple Family Residence District. It is further agreed that all public hearings required to effectuate the rezoning have been held. Such rezoning is conditioned upon the development of the Subject Property in substantial accordance with the approved Preliminary Planned Development Plat prepared by Land Consultants, Inc. dated May 10, 1994 providing for the development of 336 residential units consisting of 152 townhouse units and 184 coach home units, and the preliminary engineering plans prepared by Cowhey Gudmundson & Leder dated January 13, 1994 with revisions dated through March 30, 1994. All of said plans are on file with the VILLAGE and reduced copies of the same are included in Group Exhibit C attached hereto and made a part hereof. The VILLAGE agrees that should the said plans need to be amended per the U.S. Army Corps of Engineers, that such -3- change shall be accommodated without the need for a public hearing as recommended for approval by the Plan Commission. 6. APPROVAL OF FINAL PLANNED DEVELOPMENT PLAT AND OTHER ACTION BY THE VILLAGE. Upon annexation, the VILLAGE shall approve, accept and record a Final Development Plat for the Subject Property provided such plat and all other documents required pursuant to the VILLAGE's Subdivision Control Ordinance have been prepared by the OWNERS and approved by the VILLAGE in compliance with the VILLAGE's Subdivision Control Ordinance, with the following variations from the Elk Grove Village Zoning Ordinance as were recommended by the Plan Commission subsequent to a Public Hearing: (a) No alleys shall be required pursuant to Section 8-1213-1-1(A)(2) of the Subdivision Control Ordinance due to the availability of other access streets and driveways and the fact that alleys are not required for loading, unloading or fire protection. (b) The minimum width of right-of-way for streets identified in Exhibit E in the development shall be fifty (50) feet and the paving shall be twenty-eight (28) feet curb - back to curb -back (a variation from section 8-12B-1-1A3(d) of the Subdivision Control Ordinance). A list of said streets is attached as Exhibit E and incorporated herein by reference. (c) A street jog between Hawthorne Lane and Windham Lane on Charlela Lane with a centerline to centerline dimension of less than 125 feet (a variation from section 8-1213- 1-1A6 of the Subdivision Control Ordinance). 0 (d) A portion of the public sidewalk on Rohlwing Road will be located outside of the right-of-way. The OWNERS shall grant an easement to the Village for the public use and maintenance of those portions of public sidewalk outside of the right-of-way. (e) The requirement of Section 5.34E(1) of the Zoning Ordinance that fifty percent (50%) of said area not subdivided into lots shall remain common open space shall be reduced to a minimum of forty-eight point five percent (48.5%). (f) The permitted uses contained in Section 5.22 of the Zoning Ordinance shall be deemed to include offices and model units for purposes of selling units on the Subject Property. (g) To allow under Section 3.9413 of the Village Zoning Ordinance seventeen (17) foot paved parking stalls with two (2) feet of overhang. 7. SPECIAL USE (PLANNED DEVELOPMENT). Pursuant to Sections 4.3 and 5.36 of the Zoning Ordinance, a special use permit shall, upon annexation of the Subject Property, be issued for the Subject Property which shall permit a planned development in substantial conformance with the Preliminary Planned Development Plat attached hereto and included in Group Exhibit C. Such public hearings as are necessary to grant such special use for a planned development have heretofore been conducted and no further action need be taken by or on behalf of OWNERS to obtain such special use once the Subject Property is annexed to the VILLAGE. Final planned development plats may be submitted for portions of the Subject Property to permit development of the Subject Property in phases. The final plat for the first phase shall -5- be submitted no later than one (1) year from the date of annexation. Final plats for all subsequent phases shall be submitted no later than two (2) years from the date of approval of the final plat for the first phase. Construction for each phase shall be completed within five (5) years of approval of the final plat for such phase. Upon expiration of such five year period, any undeveloped portion of the Subject Property excepting those portions having previously received building permits, shall revert back to its original R-3 zoning unless an extension of time is granted by the President and Board of Trustees of the VILLAGE. 8. WATER. For purpose of providing water to the Subject Property and the buildings to be located thereon, the OWNERS shall connect to the existing VILLAGE water mains at two locations along Rohlwing Road, and at one location near Charlela Lane extended. 9. WATER STORAGE SITE. OWNERS have agreed to donate to the VILLAGE an approximate .80 acre tract of land (herein "water storage site") for use by the VILLAGE for construction of a water storage tank at the southeast corner of the site. The legal description of which is set forth on Exhibit D, attached hereto, made a part hereof and incorporated by reference. The Owners shall bear the expense of grading the water storage site in preparation for water tower construction. OWNERS shall bear no cost or expense for oversizing the water lines from the site. In the event that the VILLAGE requires OWNERS to increase the size of the water lines from the water storage site or on the Subject Property beyond an eight inch main or to install or construct any other improvements attributable to the water storage tank or the water storage site, i.e., including but not limited to fencing, screening or landscaping, the VILLAGE agrees to either fully reimburse OWNERS for the costs and expenses or apply the I IN money due and owing to OWNERS in the form of a credit for water tap -on fees or other fees and charges due and owing the VILLAGE by OWNERS. 10. SANITARY SEWER. The OWNERS shall provide sanitary sewer service to the Subject Property, and the buildings to be constructed thereon, by constructing a lift station at the northwest corner of the Subject Property and connection into the existing VILLAGE sewer system located along the Rohlwing Road frontage. The OWNERS shall bear the full cost for this improvement. The OWNERS agree to provide a spare lift station pump acceptable to the VILLAGE for purposes of repair and maintenance performed by the VILLAGE. The VILLAGE agrees subject to the approval of the Metropolitan Water Reclamation District that the existing sewer is adequate to accommodate the needs of the Subject Property now and when fully developed. 11. ORDINANCES TO APPLY. The VILLAGE reserves the right to amend its Zoning Ordinance and Subdivision Control Ordinance, its Building Code and other Ordinances affecting the development of the Subject Property at any time as may be reasonably necessary for the protection of the public health, safety and welfare by general Ordinance Amendments applicable to the development of all the property in the VILLAGE, but no such Ordinance shall be discriminatory in its effect upon the development of the Subject Property. The VILLAGE agrees that for a period of ten (10) years from the date of the execution of this Agreement, it will not amend its Zoning Ordinance or other ordinances in such a manner as to prohibit the use of the Subject Property as contemplated by this agreement in the manner set forth in this Agreement. -7- It is specifically agreed that the fees required for building permits, plan review, inspection fees and any other regulatory fees or other fees or charges having to do with the connection and development of the Subject Property shall not be increased by the VILLAGE for a period of ten (10) years, except as part of any overall increase in such fees which affect the development of all property in the VILLAGE, adopted to meet the increased cost to the VILLAGE for providing such services. 12. PUBLIC STREETS. The OWNERS agree to dedicate and construct the public streets delineated on Group Exhibit C according to VILLAGE Ordinance and standards provided therefore (except as herein modified), and shall provide the VILLAGE with adequate security to guarantee their construction in such form as hereinafter set forth. The OWNERS acknowledge that they are responsible for street improvements to Rohlwing Road including left turn lanes for southbound motorists at both access points on Rohlwing Road and improvements for the extension of Charlela Lane as depicted in the approved Preliminary Engineering Plans, Group Exhibit C. The VILLAGE acknowledges that no traffic signals will be required in connection with this development as the OWNERS have adequately satisfied the VILLAGE that warrants to justify such signals could not be met. 13. DETENTION. The OWNERS shall construct detention areas for the Subject Property to be located as shown on Group Exhibit C and as required by VILLAGE standards. Said areas shall be owned and maintained by OWNERS or their successors or assigns in accordance with VILLAGE standards. Ira 14. PUBLIC IMPROVEMENTS -SECURITY AND ACCEPTANCE. Prior to the time that an occupancy permit for any of the development contemplated on the Subject Property is issued, OWNERS shall provide the VILLAGE with a Letter of Credit from a financial institution organized to do business in the State of Illinois in an amount equal to 110% of the estimated cost of public improvements necessary for the development. The Letter of Credit shall be effective for the length of time required to complete such improvements and certifies that adequate funds will remain available in a form to allow the VILLAGE to procure the funds irrevocably committed to complete the required public improvements and construction, if said improvements shall be in default for a period of sixty (60) days after written notice thereof by the VILLAGE to the OWNER. Such amount of the Letter of Credit shall be reduced or released should it be determined that any or all public improvements are not required, or when such improvements are completed. At the time the public improvements are installed and approved by the Director of Engineering and Community Development, the OWNERS shall cause a Bill of Sale, one set of mylar as -built engineering plans, and a two year maintenance bond in the amount of ten percent (10%) of the Director's estimate of the cost of public improvements to be issued to the VILLAGE prior to the formal acceptance of said improvements by the Corporate Authorities for permanent maintenance by the VILLAGE. 15. FEES. The VILLAGE agrees to charge OWNERS such building fees, utility connection fees, tap -on charges, engineering fees, hearing fees, notice fees and similar fees including but not limited to the following: ME (a) A recapture fee in the total amount of $6,711.88 for the Biesterfield Road Watermain. (b) A recapture fee in the total amount of $14,817.54 for the Devon Avenue Watermain. (c) A tap on fee, in addition to normal water connection fees, in the amount of $117.00 per acre for a total amount of $5,686.20. (d) Municipal Purpose Fee of $500.00 per acre for a total amount of $24,300. (e) Reimbursement to the VILLAGE for fees charged by the Village Attorney to review documents associated with this development. 16. LANDSCAPING AND SCREENING PLAN. The OWNERS have prepared and submitted a detailed landscaping and screening plan for the Subject Property. A copy is attached as Exhibit F and incorporated herein by reference. Said landscaping and screening plan has been submitted to the Plan Commission for review and approval. Installment of all landscaping and screening shall be in substantial conformance with the approved Preliminary Landscaping Plan prepared by M & R Associates dated February 28, 1994 and attached as Exhibit F. 17. ENTRY MONUMENTS AND SIGNAGE. All signs not in conformity with the VILLAGE sign ordinance shall be subject to review, and approval by the Village Board with regard to size, design, manner of illumination, and placement. OWNERS shall be permitted to construct and maintain at the two (2) Rohlwing Road entrances entryway monuments substantially in accordance with the plans as shown on Exhibit H on file in the Village Clerks Office. -10- Two temporary signs with 480 square feet each, double faced, will be permitted on the Subject Property for advertising purposes subject to the approval of the VILLAGE. Those signs shall be removed within thirty (30) days following the issuance of the last Temporary Certificate of Occupancy or Certificate of Occupancy. All signs and their proposed locations are shown on Exhibit H are hereby approved as to design, subject to final approval of the Village Board as to actual square footage, height, manner of illumination, and location. In addition, OWNERS shall be permitted subject to the approval of the VILLAGE to maintain flag poles as part of its advertising program. 18. STOP ORDERS. The VILLAGE will issue no stop order directing work stoppage on the Subject Property without detailing the section of the VILLAGE Code or a portion of this Agreement violated by the OWNERS or their agents. 19. CERTIFICATES OF OCCUPANCY. The VILLAGE agrees to issue Certificates of Occupancy within ten (10) working days of application or issue a letter of denial informing the OWNERS as to what sections of the code is relied upon by the VILLAGE in its request for correction. Notwithstanding the foregoing, the VILLAGE shall issue Certificates of Occupancy prior to completion of landscaping, screening, final driveway surfaces or final lift of paving if OWNERS provide: (a) Certification by an architect, landscape engineer or civil engineer that it is not feasible to install the remaining landscaping or complete these improvements due to the season; and -11- (b) A cash bond in the amount of one hundred percent (100%) of the estimated cost of the remaining landscaping improvements or remaining public improvements drawable by the VILLAGE to complete such improvements as stated above in the event OWNERS fail to do so within six (6) months of the issuance of any such occupancy permits. 20. DONATION OF PARK LAND. The OWNERS have agreed to donate a minimum of 7 acres to the VILLAGE for use as a park and to bear the expense of improving the land for a multi-purpose soccer field/practice baseball field if the improvements are requested by the VILLAGE. This land shall be considered part of the land donation required by Section 8-1213-1-1(E) of the Subdivision Control Ordinance. 21. SITE DEVELOPMENT WORK, MODEL HOMES AND SALES TRAILERS. Upon approval of the final engineering and the final planned development plat, the VILLAGE shall permit OWNERS to construct two (2) model buildings consisting of four (4) townhouses in one building and eight (8) coach homes in the other building. Said model buildings shall be for sales purposes only, but not for occupancy. Said model buildings shall be permitted to operate without being served and connected to a public sewer or public water supply system. The VILLAGE agrees to reasonably consider permitting OWNER to serve said models with a temporary sewer connection employing pump and haul operations. The location of the two (2) model buildings are indicated on Exhibit G attached hereto and incorporated herein by reference. -12- Upon the VILLAGE's approval of the Preliminary Planned Development Plat and upon annexation of the Subject Property, OWNERS shall be entitled to: (a) Proceed with mass earth grading of the Subject Property provided that OWNERS: (i) prepare, submit, and obtain approval from the VILLAGE of a soil erosion and sedimentation control plan covering the entire site; and (ii) put in place the approved soil erosion and sedimentation control plan; and (iii) provide a written acknowledgement that the proposed mass earth grading shall not involve the filling or dredging of any wetlands or waters of the United States and further provide the VILLAGE with a written undertaking running to the benefit of the VILLAGE indemnifying and holding the VILLAGE harmless from any injury, cost or expense including reasonable attorneys' fees in the event that OWNERS fill or dredge waters or wetlands subject to Corps jurisdiction without a permit. (iv) obtain the required building permit for such mass grading and pay all appropriate fees and refundable cash bonds associated with its issuance. (b) Install one (1) sales trailer on the Subject Property in the location as designated on the attached Exhibit G. The VILLAGE shall not permit the installation of foundations before the construction of an acceptable roadway which will support the weight of VILLAGE fire and rescue equipment. The VILLAGE will not permit the installation of combustible materials on the homesites (framing) without the provisions of an adequate water supply for fire fighting purposes. -13- 22. MAINTENANCE RESPONSIBILITIES. The OWNERS agree to provide for the maintenance of all private, common open areas, including but not limited to the detention areas, the central open space wetland enhancement area and any guest parking spaces all as indicated on the Preliminary Planned Development Plat attached as Group Exhibit C. OWNERS acknowledge that all such private, open space areas shall not be dedicated or conveyed to the VILLAGE, and OWNERS shall provide for the maintenance of same by establishing an appropriate not-for-profit corporation or association. The provisions of the charter, by-laws or covenants of any such corporation or association (as they relate to such maintenance and the means for providing funds therefor), shall be submitted to the VILLAGE and the VILLAGE shall be given the right to enforce such charter, by-laws or covenants. 23. EFFECTIVE TERM. This Agreement shall be effective for a term of ten (10) years from the date of execution. 24. BINDING EFFECT. This Agreement 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 provided. Nothing herein shall in any way prevent alienation or sale of the subject property or portion thereof except that said sale shall be subject to the provisions hereof and of the Zoning Ordinance of the VILLAGE and the new OWNER shall be both benefitted and bound by the conditions and restrictions herein and therein expressed. 14- 25. SEPARABILITY. It is understood that in the event any provisions of this Agreement shall be deemed invalid, then the invalidity of said provisions shall not affect the validity of any other provisions hereof. 26. NOTICE. All notices and demands shall be sent by certified or registered mail addressed as follows: To the OWNERS: Lexington Homes 1156 West Shure Drive Arlington Heights, IL 60004 Attn: Charles LeClaire To the VILLAGE: Municipal Building 901 Wellington Avenue Elk Grove VILLAGE, IL 60007 Attn: Village Manager or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this paragraph. 27. 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, -15- 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 day of , 1994, the same being done after public hearing, notice and statutory requirements having been fulfilled. AMERICAN NATIONAL BANK AND TRUST COMPANY, not personally, but as Trustee, under Trust Agreement dated July 12, 1984, and known as Trust No. 61580 (Owner) LIZ COLE TAYLOR BANK, not personally, but as Trustee, under Trust Agreement dated January 1, 1994, and known as Trust No. 110733 (Developer) go LEXINGTON HOMES, an Illinois corporation (Developer) -16-