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HomeMy WebLinkAboutRESOLUTION - 51-87 - 8/25/1987 - BIANCO PRE ANNEX AGRMTRESOLUTION NO. 51-87 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN PRE -ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND HARRIS TRUST AND SAVINGS BANK AND LASALLE NATIONAL BANK (BIANCO) 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: Section 1: That the Village President be and is hereby authorized to sign the attached document marked: "PRE -ANNEXATION AGREEMENT" 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. ATTEST: PASSED this 25th- day of August, 1987. APPROVED this 25th- day of August, 1987. Patricia S. Smith Village Clerk Charles J. Zettek VillagiF-President PRE -ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 25th day of August 1987, by and between the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as the "VILLAGE") by and through its President and Board of Trustees (hereinafter referred to collectively as "CORPORATE AUTHORITIES"), and HARRIS TRUST AND SAVINGS BANK, a corporation of the State of Illinois, not iLividually but as trustee under a Trust Agreement dated March 20, 1967 and known as Trust No. 32670, as the owner of record of the property hereinafter described ("Owner"); and LASALLE NATIONAL BANK as Trustee under a Trust Agreement dated September 4, 1986 and known as Trust No. 110309 ("Developer") (hereinafter collectively referred to as the "Owner -Developer"), the owners and proposed developers of certain real estate, the legal description of which is set forth in Exhibit "A", attached hereto, and made a part hereof and incorporated herein by reference (which real estate consists of approximately seventeen and one hundredth (17.01) acres and is hereinafter referred to as "the subject property" and which real estate adjoins, abuts and is contiguous to corporate limits of the village of Elk Grove Village, Illinois; and WHEREAS, the subject property constitutes territory which is contiguous to and may be annexed to the VILLAGE OF ELK GROVE VILLAGE, ILLINOIS, as provided in Article 7 of the Illinois Municipal Code (Illinois Revised Statutes, 1975, Chapter 24); and -1- WHEREAS, the OWNER -DEVELOPER desire to have the subject property annexed to the VILLAGE OF ELK GROVE VILLAGEj ILLINOIS1 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 interest of the VILLAGE; and WHEREAS, pursuant to the provisions of Illinois Revised Statutes, 1985, Chapter 24, Section 11-15.1-1, et. seq., 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 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. STATUTORY AUTHORITY. This Agreement is made pursuant to and in accordance with the provisions of Illinois Revised Statutes, 1985, Chapter 24, Section 11-15.1-1, et. seq. 2. PETITION FOR ANNEXATION. The OWNER has filed with the Village Clerk a proper petition for the annexation of the subject property to the VILLAGE OF ELK GROVE VILLAGE, ILLINOIS, conditioned upon the terms and provisions of the Agreement. The OWNER will pay all appropriate fees and deposits not later than the execution of this agreement. 3. ANNEXATION ORDINANCE. The Corporate Authorities, upon the execution of this Agreement, shall enact within thirty (30) days hereof, an ordinance annexing the property shown on the Plat -2- of Annexation attached hereto as "Exhibit B" made part hereof and incorporated herein by reference. 4. ZONING PER OFFICIAL MAP. The subject property, pursuant to Section 24 of the Zoning ordinance of the Village, shall upon annexation be classified as an I-1, Restricted Industrial District. No petition or public hearing or other action need be taken by or on behalf of the OWNIER-DEVELOPER to obtain said 1-1 zoning classification once the subject property is annexed to the Village. It is further understood and agreed that the effective date of said annexation shall be the date upon which the annexation ordinance is passed and approved by the Corporate Authorities. 5. VARIANCES. The following variances from the Village Subdivision Control ordinance shall be permitted. a. A variance shall be granted from the provisions of 8.001 (e) to permit an 824 foot long cul-de-sac to be constructed as shown on the plans which are amended and made a part of this Annexation Agreement. b. No alleys shall be required. Sidewalks are required in accordance with the Subdivision Control ordinance. The Owner - Developer shall execute a "Statement of commitment to construct public sidewalk" in the form used by the Village for the installation of sidewalks on Busse Road. 6. ROADWAY IMPROVEMENTS. The Parties acknowledge and agree that access to the proposed new street will be provided from Busse Highway and that the right-of-way for the proposed Howard Street will be aligned with the right-of-way of the existing street known as Howard Street on the west side of Busse Road. The Parties further acknowledge and agree that traffic signals -3- may need to be installed at the intersection of Busse Road and Howard Street and that an Illinois Department of Transportation permit must be obtained prior to the installation of a traffic signal. The parties further acknowledge and agree that certain changes to the intersection of Busse Road and Howard Street mav be required including channelizing the intersection. The Owner -Developer shall pay for all (100%) of the public improvements which may be necessary as a result of the development of the subject propertyj any channelization of the Busse Road intersection, and the construction of the proposed new Howard Street on the east side of Busse Road. With respect to the costs for installation of traffic signals at the intersection of Busse Highway and Howard Street, the parties agree that the Owner -Developer shall pay half the cost for installation of traffic signals if they are installed or partially installed within seven years; if they are not installed or partially installed within seven years, then the Owner -Developer shall not be required to pay any portion of costs, if any, for installation of traffic signals at the intersection. 7. PAYMENT OF FUND. The OWNER -DEVELOPER agrees to pay the Village the sum of $8,505.00 for use in connection with the Village's Municipal Purpose Fund upon annexation. 8. APPROVAL OF SUBDIVISION PLAN AND OTHER ACTION BY THE VILLAGE. Subsequent to the annexation of the subject property as aforesaid, the Village shall approve, accept and record a Final Plat of Subdivision of the subject property provided such Plat and all other documents required pursuant to the Village's Subdivision Control Ordinance have been prepared by the OWNER- -4- DEVELOPER and approved by the Village in compliance with the village's Subdivision Control Ordinance. Said Plat shall be substantially in accordance with the preliminary Plat attached hereto as "Exhibit C" made a part hereof and incorporated herein by reference. 9. ORDINANCE TO APPLY. The Village reserves the right tc amend its Zoning and Subdivision 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, welfare and safety 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 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 -'n this Agreement. It is specifically agreed that the fees required for building permits, plan reviewf inspection fees and any other regulatory fee-- or other fees or charges having to do with the connection and development of the subject property, shall not be increased for a period of ten (10) years, except as part of an overall increase in such fees which affects the development of all property in the VILLAGE. 10. PUBLIC STREETS. The OWNER -DEVELOPER agrees to dedicate and construct the public streets delineated on "Exhibit "C" according to Village ordinance and standards therefor, subject to the variances permitted in paragraph 5 herein. -5- 11. WATER AND SEWER. The property shall be served with water service by the Village. The owner -Developer shall be permitted to tap on to the existing water service on the east side of Busse Highway adjacent to the property. Owner -Developer may connect to such line by installation of a 12 -inch main. The water main shall be extended through the property and shall exit at the southeast corner thereof and shall be connected to the existing 12 -inch Village water main located.on Dierking Terrace. The Owner -Developer shall be permitted to tap on to sanitary sewer service in conformance with the plans and specifications set forth on Exhibit "r)". The Village shall join with the Owner -Developer as co -permittee on any applications to other governmental entities which may be necessary to obtain required approval for installation, use and maintenance of the water, sewer and storm water improvements described on Exhibit "D". All costs for permits, connections or use of the sanitary sewer shall be paid by the owner -Developer. 12. PUBLIC IMPROVEMENTS - SECURITY. At the time public improvements are installed by the Owner -Developer and approved by the Village Engineer, the OWNER -DEVELOPER shall cause a Bill of Sale, one set of mylar asbuilt engineering plans, and a two-year maintenance bond to issue to the VILLAGE prior to the formal acceptance of said improvements by the President and Board of Trustees for permanent maintenance by the VILLAGE. The OWNER -DEVELOPER shall be required to give the VILLAGE security for the installation of all public improvements, publicly owned and maintained, such security to be in the form of bonds, or cash escrow deposits or such other security which may be deemed by the Village Attorney or the Village Manager to -6- be satisfactory, including but not limited to an irrevocable letter of credit drawn on a Chicago area bank with assets in excess of Ten Million Dollars ($10,000,000.00), such letter being effective for the length of time required to complete such improvements and certifying 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 -DEVELOPER. The security given shall at all times be equal to the original estimated cost of the improvements being constructed in the development. In addition, the security shall include sufficient funds for the Owner -Developer's obligation for traffic signal installation pursuant to Section 5 of this Agreement. Notwithstanding the foregoing, it is expressly agreed that a letter of credit, cash and bond deposits shall not be required prior to the recordation of a final plat of subdivision. Any required letter of credit or cash escrow shall be delivered to the Village not later than the time the final plat of subdivision is recorded by the County Recorder of Deeds. 13. DEVELOPMENT IN GENERAL CONFORMITY WITH PRELIMINARY PLAT OF SUBDIVISION. The OWNER -DEVELOPER shall cause the subject property to be improved in general conformity with the preliminary ?let of Subdivision except as otherwise provided herein and as necessarily modified to solve engineering layout and/or design problems not reasonably foreseeable at the time of -7- the execution of this Agreement. Any engineering change must be approved by the Village Engineer. 14. SIGNAGE Owner -Developer agrees that signage to be located on the property shall conform to the Village sign ordinance now in effect and any other sign ordinance which may be adopted in the future, unless the Village consents to any variation from the applicable requirements. This restriction shall remain in effect during the term of this Agreement. 15. PERMIT FEES. The VILLAGE agrees to charge the OWNER - DEVELOPER such building fees, utility connection fees, tap -on charges and similar fees, as are generally enforced in the VILLAGE, and in accordance with its general ordinances applicable at the date that the permit is applied for and required. 16. STOP ORDERS. The VILLAGE will issue no stop order directing work stoppage in the building or parts of the subject property without detailing the section of the Village Code or portion thereof of this Agreement of the Plan violated b the OWNER -DEVELOPER. 17. CERTIFICATE OF OCCUPANCY. The Village agrees to issue certificates of occupancy within fifteen (15) days of application or issue a letter of denial informing the OWNER -DEVELOPER as to what sections of the Code relied upon by the VILLAGE in its request for correction. 18. EFFECTIVE TERM. This Agreement shall be effective for a term of ten (10) years from the date of its execution. However, it is agreed in the event that the annexation of any of the subject property or any of the terms of this Agreement are challenged in any court proceeding, the period of time during TO which such litigation is pending shall not be included in calculating said ten (10) year term. 19. BINDING EFFECT. This Agreement shall bind heirs and successors and assigns of the OWNER -DEVELOPER, the VILLAGE, its Corporate Authorities, 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 OF ELK GROVE VILLAGE and the new OWNER shall be both benefited and bound by the conditions and restrictions herein and therein expressed. 20. 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. 21. NOTICE. All notices and demands shall be sent by certified or registered mail as follows: If to "OWNER -DEVELOPER". C/o Norman Garfinkel, 1100 Industrial Drive, Bensenville, Illinois 60106; If to Village, c/o Village Manager, Village Elk Grove Village, 901 Wellington Avenue, Elk Grove Village, Illinois 60007-3499. 22. AMENDMENTS. It is further agreed that this Agreement may be amended by mutual consent of the Parties hereto by the adoption by the Village of an ordinance, after such appropriate hearings as are required by law. 23. EXECUTION BY LAND TRUST. This agreement is executed by the Trustee, not personally, but solely as Trustee, as aforesaid, and no personal liability shall be asserted against the Trustee by cm reason of any provision of this Agreement, all such personal liability E-ing expressly waived. IN WITNESS WHEREOF, the Parties hereto have set their hands an seals this 25th day of August -, 1987, the same being done after public hearing, notice and statutory requirements having been fulfilled. HARRIS TRUST AND SAVINGS BANK, a corporation of the State of Illinois, not individually but as Trustee under a Trust Agreement dated March 20, 1967 and known as Trust No. 32670 By: Attest: Village of Elk Grove Village by Charles J. Zettek Its President Attest: Patricia S. Smith Village Clerk LASALLE NATIONAL BANK as Trustee under a Trust Agreement dated September 4, 1986 and known as Trust No. 160309 By: Attest: -10- ANMXATION LEGAL DESCRIPTION That Parr Of the West 112 Of the NOrthmest 114 at Sgc:im -16. Tamship 41, North. Range 11 Eas'r of the 3rd Principal Meridian, except the South 92.50 leer thervat, lying East at the East ling Of a 200 too; striP Of laid. conwyed to the County at Cook by Deed recorded January 12, lq�q in the Recarders b1fics of Coak County. Illinois as D=m=t Ak. 12259408 and lying Sautv of. a I in* dr= cc ri4ym angies to rhe Easr I ing at said --W car strip of laid ' f r=. a poinT an said bast I Ing at s4id 2W foar r:rip of land. 1957.30 feet South (as measured along the EasT I ing Of said 20 toot strip at land) of the Nortft line of tile NorthzesT 114 at said Secril:r 25, in. Cook CowV4.. IIIihQis- The East 30.0 fwr. measured at right angles -tv ow East line therzot. of that Parr at the. West 112 of 'the North- ont J14 at. Section 25, Tamnship 41 North.. Range IL East at the 3rd Principal Meridian lying ScuthtxsTerIg 4 the 5wtamosttrly line at Higgins Pball arid lying Horthwl� at a line dram or right angles to the Easr iina at thar 2DO JWT strip art law cavorged to the CA" at raoit by Deed recorded jaluary'll. Mg In the Reevrdzr'� Officz at,'Cok Cotercy 1111nofs a$ Dxuowrr No. 12255M. trow apaint.m said fito Line at. said. 200 focrK strip Vt, land. M7.80 tao South. w mewurgli djmq-ttW East I Ine.,cf, said. JLV foot. strip. of. laid. at.the Nort� I ine of. the Nort� =it 114 at, said Section 25,-4n Cot;* causty.. Ilihwis. I gd zcvrde�d glary th Nn parr at the 2DO toor strip -at land canpeyezi to the County at. C=k lxj De r Ja 12, 1.939 in e OffIcA of C�*A Cgurny., Illinois as oo=mwffr No. Ir5qM slu%rred in the Aforttiwsr 1/4 at SectinT 25 x4 the Northeast 1/4 at. Se=!= V., both In Taomship. 41 North, Am9a 11 52s'r of the 3rd Principal Meridian, e=ZPT the South 82.30 fes; thereof, mhich ties. South of -a --line. drain. at righ; angles w the Easr ling of said 20 foor va*ip. of. land frm a point on. said, East line at. said. ZV fvv� strip of laid., 1957.30, feet South.. as measured along tile. Easr. I hm at said 2DO foot strip of laild, of the North I ine of the Nvr==wsr 114 Of. said 5ection -6. in Coo* CgAny.� I I I irWi S. EXHIBIT "A" TO ANNEXATION AGREEMENT