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HomeMy WebLinkAboutRESOLUTION - 37-86 - 5/27/1986 - PRE ANNEX AGRMT/TRAMMEL CROWRESOLUTION NO. 37-86 A RESOLUTION AUTHORIZING A PRE -ANNEXATION AGREEMENT (TRAMMEL CROW - MARK STREET) 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 and Board of Trustees hereby authorize the adoption of the attached documents marked: ANNEXATION AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 27th day of May , 1986. APPROVED this 27th day of May , 1986. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk TRAMMELL CROW ANNEXATION AGREEMENT 15.3 Acres, North of Mark Street ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this day of e�I4'i 1986, 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 LaSalle National Bank not personally but as Trustee, under Trust Agreement dated October 11, 1984 and known as Trust #109018, and Mark Street II Limited Partnership, a Texas limited partnership (hereinafter referred to as "the Owners"). WITNESSETH: WHEREAS, the Owners, being the owners 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 fifteen and three tenths (15.3) acres and is hereinafter referred to as "the subject property") and which real estate 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 OF ELK GROVE VILLAGE, ILLINOIS, as provided in Article 7 of the Illinois Municipal Code (Illinois Revised Statutes, 1975, Chapter 24); and WHEREAS, the OWNERS desire to have the subject property annexed to the Village of Elk Grove Village, Illinois, upon certain terms and conditions hereinafter set forth; and -2 - 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, 1975, 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 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: 1. STATUTORY AUTHORITY. This Agreement is made pursuant to and in accordance with the provisions of Illinois Revised Statutes, 1975, Chapter 24, Section 11-15.1-1, et seg. 2. PETITION FOR ANNEXATION. The OWNERS have 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 OWNERS have paid all appropriate fees and deposits. 3. ANNEXATION ORDINANCE. The Corporate Authorities, upon the execution of this Agreement, shall enact an ordinance annexing the property shown on the Plat of Annexation attached hereto as Exhibit B made part hereof and incorporated herein by reference. -3- 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 I-2, General Industrial. That there heretofore have been conducted such public hearings as are necessary to grant the zoning classifications provided above and that no further action need be taken by or on behalf of owners to obtain I-2 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. PAYMENT OF FUND. The Owners agree to pay the Village the sum of $7,650.00 for use in connection with the Village's Traffic Signal - Municipal Purpose Fund. Said sum shall be paid as follows: one-third upon annexation and one-third annually thereafter until said full sum is paid. In the event that the property is completely developed before the full sum is paid, the Owners agree to pay the balance of the full sum before the last building permit is issued. 6. APPROVAL OF SUBDIVISION PLAT 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 OWNERS and approved by the VILLAGE in compliance with the VILLAGE's Subdivision Control Ordinance, with the following exception: 1. No alleys shall be required. 2. Utility easements of twenty-five (25) feet on the east side of ALLAN Drive and fifteen (15) feet on the west side shall be required. -4- 3. No sidewalks shall be required on the west side of ALLAN Drive. Sidewalks are required on the north side of Mark Street and the east side of ALAN Drive. 4. The ALLAN Drive street length shall be six hundred fifty (650) feet north from Mark Street. 5. Driveway cuts onto ALLAN Drive shall be permitted by the VILLAGE on the west side from PROPERTY located in unincorporated Du Page County or in the City of Wood Dale, subject to permit review and approval by the Village Engineer. 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. 7. WATER For the purpose of providing water to the subject and the buildings to be located thereon, the OWNER shall do the following: A. Dedicate the 12" water main along the south side of Mark Street to Elk Grove Village if the Village Engineer recommends acceptance. The Village Engineer will make this determination based in part on whether or not the main was built to Elk Grove Village standards and upon review of inspection records. All review fees will be paid by the OWNER. As this main is currently dedicated to the City of Wood Dale, formal permission from Wood Dale is required. If the water main is not dedicated to or not accepted by ELK GROVE VILLAGE, a 12" water main, built to ELK GROVE VILLAGE standards, must be installed along Mark Street on the southern border of the subject PROPERTY. B. A 12" water main shall be installed on the west side of the subject project (east side of ALLAN Drive) to the north edge of the property and an 8" water main shall continue north from that point to the water main located on the south side of Devon Avenue. Recapture of costs for installing the main north of the subject PROPERTY will be made to the OWNER as the PROPERTIES to the north are annexed to the VILLAGE. Said main shall be located within dedicated easements. 8. SANITARY SEWER. The OWNER shall provide sanitary sewer service to the subject PROPERTY, and the buildings to be constructed thereon, by connection into the existing Wood Dale sewer system as permitted, pursuant to the Boundary Agreement between the VILLAGE and the City of Wood Dale dated May 17, 1983 as amended. The sanitary sewer main shall be installed along the west of of ALLAN Drive from the existing Wood Dale sanitary sewer main to the end of the north end of ALLAN Drive as built to such capacity as to serve PROPERTY to the north to Devon Avenue. The main must be approved by the Village Engineer. Wood Dale has the right to disapprove any application for or cause the disconnection of any sanitary sewer connection permit which subse- quently violates the Industrial Pre -Treatment Regulations of Wood Dale. Wood Dale has the right to charge the OWNER a permit fee equal to Wood Dale's standard utility rates for wastewater treatment, sanitary sewer collection system maintenance, equipment and facilities depreciation, and debt service, as periodically amended, plus a surcharge equal to an additional thirty percent (30%) of the total of such rates. Prior to issuance of a connection permit, the OWNER shall pay the current Wastewater Connection Fee of Wood Dale to Wood Dale with copy of the payment to ELK GROVE VILLAGE. n The OWNER is responsible for payment to Wood Dale of the pro rata share the PROPERTY is allocated to pay pursuant to a Recapture Agreement entered into and arising out of a Wood Dale Recapture Agreement entered into and arising out of a Wood Dale Annexation Agreement dated May 7, 1981. [The rate thereof is to be calculated at $2,063.11 per gross acre and involves payment for use of downstream sanitary sewer collection improvements consisting of a 15" sanitary sewer crossing Thorndale Avenue and an interconnecting sanitary sewer interceptor line between Wood Dale's North and South Wastewater Treatment Plants.] Payment of the recapture obligations arising out of said annexation agreement shall be made by the OWNER upon receipt of a permit from the Illinois Environmental Protection Agency for the sanitary sewer extension or building connection permit to the sanitary sewer collection system. 9. ORDINANCE TO APPLY. The VILLAGE reserves the right to 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 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 and in the manner set forth in this agreement. It is specifically agreed that the fees required for building permits, plan review, inspection fees and any other regulatory fees -7 - or other fees or charges having to do with the 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, adopted to meet the increased cost to the VILLAGE of providing such services. 10. PUBLIC STREETS. The OWNERS agree to dedicate and construct the public streets delineated on Exhibit C according to VILLAGE ordinance and standards provided therefore, except as length is described in Section 6.4 of this Agreement, and shall provide the VILLAGE with adequate security to guarantee said construction in such form as hereinafter set forth. 11. PUBLIC IMPROVEMENTS - SECURITY. At the time public improvements are installed and approved by the Village Engineer, the OWNERS shall cause a Bill of Sale, one set of mylar as -built engineering plans, and a two-year maintenance bond to be submitted to the VILLAGE prior to the formal acceptance of said improvements by the President and Board of Trustees for permanent maintenance and ownership by the VILLAGE except the sanitary sewer as described in Section 8 of the Agreement). The OWNERS 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 be satisfactory, including but not limited to an irrevocable letter of credit drawn on a Chicago area bank with assets in excess of $10 million dollars, such letter being effective for the length of time required to complete such improvements and certifying that adequate funds will remain avail- able 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. The security given shall at all times be equal to 110% of the original estimated cost of the public improvements being constructed in the development of the property and may be reduced pursuant to Section 8.015 of the Subdivision Control Ordinance. 12. DEVELOPMENT IN GENERAL CONFORMITY WITH PRELIMINARY PLAT. The OWNERS shall cause the subject PROPERTY to be improved in general conformity with the preliminary Plat, upon filing a Final Plat of Subdivision and supporting documents meeting the Subdivision Control Ordinance of the VILLAGE, except as otherwise provided herein and as necessarily modified to solve engineering layout and/or design problems not reasonably foreseeable at the time of the execution of this Agreement. Any engineering change must be approved by the Village Engineer. 13. PERMIT FEES. The VILLAGE agrees to charge the Owners 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 fee is applied for and required. 14. STOP ORDERS. The VILLAGE will issue no stop order direct- ing work stoppage in the building or parts of the subject property ma without detailing the section of the Village Code or portion of this Agreement violated by the Owner. 15. CERTIFICATE OF OCCUPANCY. The VILLAGE agrees to issue certificates of occupancy within 15 days of application or issue a letter of denial informing the Owners as to what sections of the Code relied upon by the VILLAGE in its request for correction. 16. EFFECTIVE TERM. This Agreement shall be effective for a term of ten (10) years from the date of its execution. However, it is agreed that 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 which such litigation is pending shall not be included in calculating said ten (10) year term. 17. BINDING TERN. This Agreement shall bind heirs and successors and assigns of the OWNERS, 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 bene- fitted and bound by the conditions and restriction herein and therein expressed. 18. 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. -10- 19. NOTICE. All notices and demands shall be sent by certified or registered mail to the OWNERS c/o TRAMMELL CROW COMPANY, One Pierce Place, Itasca, Illinois 60143. 20. TRUSTEE'S 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 ex- pressed 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 ? J day of U`L', 1986, the same being done after public hearing, notice and statutory require- ments having been fulfilled. Mark by; by: t II, Limited Partnership LLE NATIONAL BANK,s-as Trustee a�-a"fore�saidj And not Fcrs0ra7.i7 ATTEST: / "c'etdnt Secretary ILLAGE OF ELK GROVEL ATTES RXHTRTT A LEGAL DESCRIPTION Lot 11, except that part of said Lot 11 lying South of the Westerly extension of the Northerly line of 60.00 feet wide Mark Street East of and adjoining the East line of said Lot 11, said Westerly extension of the Northerly line of 60.00 feet wide Mark Street, being a line drawn from a point on the East line of said Lot 11, 819.43 feet, as measured along said East line, North of the intersection of said East line of Lot 11 with the East and West Quarter Section lime of Section 3, Township 40 North, Range 11, East of the Third Principal Meridian, to a point on the West line of said Lot 11, 819.60 feet, as measured along said West line, North of the intersection of said West line of Lot 11 with the East and West Quarter Section line of Section 3, afcresaid, all in Lawrence-Wooddale Assessment Plat of Dart of the West F of Section 3 and part of the East � of Section 4, Township 40 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded June 10, 1947 as Document No. 522697, in Du?age County, Illinois.