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Home My WebLink AboutRESOLUTION - 83-86 - 10/28/1986 - AMEND ANNEX AGRMT RESOLUTION NO. 83-86 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AMENDMENT TO AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND LASALLE NATIONAL BANK AND HAMILTON LAKES VILLAGE, LIMITED 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 l : That the Village President be and is hereby authorized to sign the attached documents marked: AMENDMENT TO ANNEXATION AGREEMENT (ORIGINAL ANNEXATION AGREEMENT RESOLUTION 71-86) 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 28th day of October 1986. APPROVED this 28th day of October 1986. Charles J . Zettek Village President ATTEST: Patricia S. Smith Village Clerk AMENDMENT TO ANNEXATION AGREEMENT THIS AMENDMENT TO ANNEXATION AGREEMENT, made and entered into this 28th day of October, 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 trhough 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 January 8, 1986 and known as Trust #110733 , and Hamilton Lakes Village, Limited, a Texas limited partnership (hereinafter referred to as "the OWNERS") . W I T N E S S E T H: WHEREAS , the OWNERS and the VILLAGE entered into an Annexation Agreement dated September 9 , 1986 with regard to certain real estate, the legal description of which is set forth on Exhibit A, attached hereto, made a part hereof and incorporated herein by referenced (hereinafter referred to as "the Subject Property") ; and WHEREAS, the OWNERS and the VILLAGE wish to amend certain provisions of such Annexation Agreement; 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 . 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. Paragraph 17 .A. of the Annexation Agreement is hereby amended to read as follows: "17. LANDSCAPING AND SCREENING PLAN. A. The OWNERS shall prepare and submit a detailed landscaping and screening plan for Parcels 1 , 2 , 3 and 4 where they abut residential properties. Prior to the issuance of any building permits, said landscaping and screening plan will be submitted to the Plan Commission for review and recommendation and to the Village Board for approval. In addition, the OWNERS shall prepare and submit a detailed interior landscaping and screening plan for each individual Parcel as required by applicable Village ordinances . With regard to Phase 1 of the development of Parcel 1 , no occupancy permits shall be issued until such time as the detailed landscaping and screening plan and the detailed interior landscaping and screening plan have been approved; with regard to any other development of the Surject Property all such landscaping and screening plans must be approved prior to the issuance of any building permits . " 3 . Except as expressly amended herein, the Annexa- tion Agreement shall remain in full force and effect in accordance with its terms . 4 . This Agreement is executed by Trustee not personally but as Trustee as aforesaid in the exercise of 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 28th day of October, 1986 . HAMILTON LAKES VILLAGE LIMITED By: Christopher T. Carley, General Partner By: Bruce D. White, Limited Partner -2- LASALLE NATIONAL BANK, as Trustee as aforesaid By: ATTEST• VILLAGE OF ELK GROVE By: Charles J . Zettek, Village President ATTEST: Patricia S. Smith, Village Clerk —3— EXHIBIT A PAGE 1 OF 2 LEGAL DESCRIPTION PARCEL 1 THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (EXCEPT THE EAST 981 . 93 FEET THEREOF AND EXCEPT ANY PART FALLING IN DEVON AVENUE) IN SECTION 32 , TOWNSHIP 41 NORTH, RANGE 11 , EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2 THAT PART OF THE SOUTH HALF OF FRACTIONAL SECTION 31 , TOWNSHIP 41 NORTH, RANGE 11 , EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 31 , THENCE RUNNING NORTH 20 CHAINS; THENCE WEST 8. 25 CHAINS; THENCE SOUTH 20 CHAINS; THENCE EAST 8 . 25 CHAINS TO THE PLACE OF BEGINNING (EXCEPTING THEREFROM THE WEST 350 FEET OF THE SOUTH 80 FEET THEREOF AND EXCEPTING ANY PART FALLING IN DEVON AVENUE) . PARCEL 3 THAT PART OF A TRACT OF LAND IN THE SOUTH HALF OF SAID SECTION 31 , TOWNSHIP 41 NORTH, RANGE 11 , EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE EAST ON THE LINE BETWEEN COOK AND DUPAGE COUNTIES , 47 . 66 CHAINS; THENCE NORTH 20 CHAINS; THENCE EAST 8 . 34 CHAINS TO THE EAST LINE OF SAID SECTION; THENCE NORTH 10 . 46 CHAINS ; THENCE WEST 54. 50 CHAINS TO THE WEST LINE OF SAID SECTION; THENCE SOUTH 30 . 50 CHAINS TO THE PLACE OF BEGINNING, LYING EAST OF THE FOLLOWING DESCRIBED LINE: BEGINNING IN THE SOUTH LINE OF SAID TRACT, 47 . 66 CHAINS EAST OF THE SOUTHWEST CORNER THEREOF, SAID POINT BEING 552 . 05 FEET WEST OF THE SOUTHEAST CORNER OF SAID SOUTH HALF; THENCE NORTH ON THE EAST LINE OF SAID TRACT TO A POINT OF INTERSECTION WITH A LINE 80 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE; THENCE NORTH 89° 39 ' 05" WEST AND PARALLEL WITH SAID SOUTH LINE, 46. 73 FEET; THENCE NORTH 84° 17 ' 44" WEST ALONG A STRAIGHT LINE, A DISTANCE OF 803 . 51 FEET TO A POINT; THENCE WEST ALONG A STRAIGHT LINE PARALLEL WITH SAID SOUTH LINE OF SAID SECTION, A DISTANCE OF 43 . 90 FEET TO A POINT; THENCE NORTH 90 00 ' 42" WEST ALONG A STRAIGHT LINE, A DISTANCE OF 584 . 34 FEET TO A POINT; THENCE NORTH 12° 38 ' 29" WEST ALONG A STRAIGHT LINE, A DISTANCE OF 507 . 04 FEET TO A POINT, THENCE NORTH 130 25 ' 30" WEST ALONG A STRAIGHT LINE, A DISTANCE OF 779 . 26 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT, SAID POINT BEING 1731 . 09 FEET WEST OF THE NORTHEAST CORNER OF SAID TRACT; EXCEPT THEREFROM THE FOLLOWING: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 31 AFORESAID; THENCE SOUTH 890 39 ' 05" EAST OF THE SOUTH LINE THEREOF, 47 . 66 CHAINS , SAID POINT BEING 552 . 05 FEET WEST OF THE SOUTHEAST CORNER OF SAID SOUTH HALF; THENCE NORTH 2° 47 ' 48" WEST TO THE INTER- SECTION WITH A LINE 80 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE; THENCE NORTH 89° 39 ' 05" WEST AND PARALLEL WITH SAID SOUTH LINE, 46 . 73 FEET; THENCE NORTH 840 17 ' 44" WEST, A DISTANCE OF 674 . 08 FEET FOR A PLACE OF BEGINNING; THENCE CONTINUING NORTH 84° 17 ' 44" WEST, 129 . 43 FEET; THENCE WEST _ EXHIBIT A PAGE 2 OF 2 PARALLEL WITH SAID SOUTH LINE, 43 . 90 FEET; THENCE NORTH 9° 00 ' 42" WEST, 231 . 70 FEET; THENCE SOUTH 840 17 ' 44" EAST, 232. 00 FEET; THENCE SOUTH 50 42 ' 16" WEST, 220 . 00 FEET TO THE PLACE OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PARCEL 4 THAT PART OF THE SOUTH HALF OF FRACTIONAL SECTION 31 , TOWNSHIP 41 , RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 31 ; THENCE WEST 8 . 25 CHAINS (544. 50 FEET) TO THE PLACE OF BEGINNING; THENCE CONTINUING 0. 09 CHAINS ( 5. 94 FEET) TO A POINT (552 . 05 FEET WEST OF SAID SOUTHEAST CORNER OF SECTION 31 , SAID POINT) BEING RECORDED 47. 66 CHAINS ( 3145. 56 FEET) EAST OF THE SOUTHWEST CORNER OF SAID SECTION 31 ; THENCE NORTH 20 CHAINS ( 1320. 0 FEET) ; THENCE EAST 0 . 09 CHAINS (5. 94 FEET) ; THENCE SOUTH 20 CHAINS ( 1320. 0 FEET) TO THE PLACE OF BEGINNING (EXCEPTING THEREFROM ANY PART FALLING IN DEVON AVENUE) . ALSO ALL THAT PART TAKEN FOR RIGHT OF WAY (BEING RECORD 33. 0 FEET IN WIDTH) LYING SOUTH OF AND ADJOINING LOTS 21 , 22 , 37 & 38 IN ITASCA MEADOW FARMS , BEING A SUBDIVISION OF PART OF SECTION 31 , TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORD JULY 9 , 1948 AS DOCUMENT NUMBER 14355084, IN COOK COUNTY, ILLINOIS . ALSO ALL THAT PART OF DEVON AVENUE IN SECTION 31 & 32 , TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN , LYING EAST OF THE SOUTHERLY EXTENSION OF THE EASTERLY MOST WESTERLY LINE OF SAID PARCEL 3 HEREINABOVE DESCRIBED AND LYING WEST OF THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF SAID PARCEL 1 HEREINABOVE DESCRIBED, IN COOK COUNTY, ILLINOIS. EXCEPT FROM ALL OF THE ABOVE ANY PART CURRENTLY SITUATED WITHIN THE MUNICIPAL LIMITS OF ANY MUNICIPALITY.