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HomeMy WebLinkAboutRESOLUTION - 4-85 - 1/22/1985 - ANNEX AGRMT/SCHREINER PROPERTYRESOLUTION NO. 4-85 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND FIRST ARLINGTON NATIONAL BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 10, 1975 AND KNOWN AS TRUST NO. A-597, THOMAS R. SCHREINER, PALATINE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED 6-3-80 AND KNOWN AS TRUST NO. 3419, AND THOMAS R. SCHREINER, RUGH H. SCHREINER AND PETER THORKELSON, AS TRUSTEES UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED JANUARY 31, 1972 AND KNOWN AS THE ENVIRONMENTAL ENTERPRISES, INC. PROFIT SHARING TRUST (SCHREINER) BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois as follows: Section 1: That the Pre -Annexation Agreement, a copy of which is attached hereto, relating to the annexation of approximately twenty (20) acres more or less, which proper- ty is referred more specifically and legally described in said Agreement is hereby approved and the Village President and the Village Clerk are hereby authorized to execute same, and the Village Clerk is authorized to record same with the Recorder.of Deeds of Cook County, Illinois. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTES: AYES: NAYS: ABSENT 1 APPROVED: Charles J. Zettek ATTEST: Village President Patricia S. Smith Village Clerk PASSED this 22nd day of January , 1985. APPROVED this 22nd day of January , 1985. ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 22nd day of January , 1985, between the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation of the American National Bank of Arlington Heights, f/k/a State of Illinois, (the "Village") and FIRST ARLINGTON NATIONAL BANK, a national banking association, Arlington Heights, Illinois, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 10, 1975, AND KNOWN AS TRUST NUMBER A-597, THOMAS R. SCHREINER, PALATINE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED 6-3-80 AND KNOWN AS TRUST NO. 3419, THOMAS R. SCHREINER, RUGH H. SCHREINER AND PETER THORKELSON, AS TRUSTEES UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED JANUARY 31, 1972 AND KNOWN AS THE ENVIRONMENTAL ENTERPRISES, INC. PROFIT SHARING TRUST (hereinafter referred to collectively as 'OWNER"). RECITALS WHEREAS, the OWNER is the owner of record of certain real estate consisting of approximately 20 acres more or less legally described as follows: PARCEL 1 THE NORTH 356.0 FEET OF THE NORTH 37 1/2 ACRES OF THE EAST HALF OF THE NORTHWEST QUARTER (EXCEPT THE EAST 5.0 ACRES THEREOF) OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS (EXCEPTING THEREFROM THE WEST 50.0 FEET THEREOF TAKEN FOR MEACHAM ROAD) PARCEL 2 THE WEST 489.92 FEET (MEASURED ALONG THE NORTH LINE) OF THE SOUTH 178 FEET OF THE NORTH 534.0 FEET OF THE NORTH 37-1/2 ACRES OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE EAST 5 ACRES THEREOF) ALSO THE SOUTH 178.0 FEET OF THE NORTH 534.0 FEET (EXCEPT THE WEST 489.92 FEET (MEASURED ALONG THE NORTH LINE) OF THE NORTH 37 1/2 ACRES OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE EAST 5.0 ACRES THEREOF) ALL IN COOK COUNTY, ILLINOIS PARCEL 3 THE SOUTH 178.0 FEET OF THE NORTH 712.0 FEET OF THE NORTH 37 1/2 ACRES OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE EAST 5.0 ACRES THEREOF) IN, COOK COUNTY, ILLINOIS. Said property hereinafter referred to as the "Property". WHEREAS, said real estate is not located within the territorial limits of any municipal corporation, and is contiguous to the corporate limits of the Village; and WHEREAS, Owners desire to annex said real estate to the Village of Elk Grove Village, Cook County, Illinois, upon the terms'and conditions hereinafter set forth; and WHEREAS, the Village, after due and careful consideration, has determined that the annexation of the subject property to the Village on the terms and conditions hereinafter set forth would further the growth of. the Village, increase the tax base of the Village, enable the Village to reasonably control the development of the property, and otherwise serve the best interests of the Village; and WHEREAS, the statutory procedure provided in Section 11-15. 1-1, et seq., of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes) with regard to making of annexation agreements, have been complied with; and WHEREAS, all public hearings required to be held prior to the execution of this Agreement have been held; WHEREAS, the requisite notice has heretofore been served upon the appropriate Fire Protection District; WHEREAS, the requisite notice has heretofore been served upon the appropriate Library District; NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows: 1. SUBJECT PROPERTY. This Agreement shall be applicable to and relate to the real estate legally described and designated as Parcels 1, 2, and 3 on the attached Plat of Survey, -Exhibit -21" attached hereto and made a part hereof. Said property consisting of contiguous parcels comprising approximately 20 acres located on the southeast corner of Biesterfield Road and Meacham Road, Elk Grove Township, Cook County, Illinois. 2. STATUTORY AUTHORITY. This Agreement is made pursuant to and in accordance with the provisions of Illinois Revised Statutes, 1981, Chapter 24, Section 11-15-.-1-1, et. seq. 3. PETITION FOR ANNEXATION. The OWNER has filed with the Village Clerk a proper Petition for the Annexation of the Property to the VILLAGE, conditioned upon the terms and provisions of this Agreement. The OWNER has paid all appropriate fees and deposits, unless otherwise provided herein. 4. ANNEXATION ORDINANCE. The Corporate Authorities, upon the execution of this Agreement, shall within thirty (30) days after the date hereof, enact an ordinance annexing the Property to the VILLAGE. 5. ZONING AND RELATED ORDINANCES -VARIATIONS. The Village agrees forthwith after the adoption of the Annexation Ordinance to adopt an appropriate ordinance.amending THE ZONING ORDINANCE OF THE VILLAGE OF ELK -2- GROVE VILLAGE, currently in force and effect, to provide that the subject property be included in the 0-T OFFICE TRANSITION DISTRICT and B-3 BUSINESS DISTRICT in accord with the designation for portions of the Property on the Plat of Subdivision, Exhibit 2 attached hereto and made a part thereof, and said zoning classifications shall be so shown on the OFFICIAL ZONING MAP OF THE VILLAGE OF ELK GROVE VILLAGE. The following B-3 uses are expressly prohibited: 1) mobile home or trailer sales and rental Nv eggipment sales, rental and services �, ---------------- It is agreed that the Village will not issue building permits for the areas zoned "O -T" and B-3" unless and until the Village Board, after public hearing before the Plan Commission, has approved a site plan, or site plans, for those areas. It is further agreed, in connection with site plan approval, that, notwithstanding anything to the contrary in the Village Zoning Ordinance, the Village will permit the erection of more than one principal building and permitted accessory structures on the tract to be zoned 0-T, provided that the distance between such buildings shall be determined as follows: 1) The space between one story buildings shall be a minimum of sixteen (16) feet; 2) The minimum distance between buildings of any other classification shall be equal to the height of the taller building provided, however, that if the shortest distance between buildings is measured from the corner of one to the corner of the other and the walls of the two buildings do not overlap, then the distance between the two buildings shall be not less than fifty percent (50%) of the height of the taller building. The site plan submitted by owner, its representative or successors, will be promptly considered by the Board of Trustees, Plan Commission and Village Officials. The OWNER shall submit a plat of subdivision concurrent with annexation and the VILLAGE shall approve same, creating separate and distinct zoned lots for 0-T (15.1 acres) and B-3 (3.1 acres). In the review of the site plans all Village ordinances, except as varied herein, shall be applicable to the subject property. -3- 6. WATER. Any connection made by the OWNER shall be made in such manner as prescribed and approved by the Village Engineer. Any extension of the public water main shall be considered a public improvement and subject to the conditions specified in the RECAPTURE AGREEMENTS section of this Agreement. T. SANITARY SEWER, LIFT STATION AND FORCE MAIN. Upon the first to occur of: 1) issuance of building permits for the Subject Property, or 2) annexation and development of all or a portion of the 55 acres located to the south of the subject property, the OWNER shall construct the necessary lift station and force main to service the Subject Property and the remaining 55 acres at such size, location, and capacity as shall be determined by the Village Engineer. In the event of the occurrence of Item 2 above, the construction responsibilities and costs for the lift station and force main shall be shared on a.proportionate basis of the acreage of the subject property and the acreage to the south being annexed and developed between the OWNER and any such annexing property owner. All improvements so made by the OWNER shall be considered public improvements and shall be made in such a manner as prescribed and approved by the Village Engineer and other applicable governmental bodies and agencies having jurisdiction, and be subject to the conditions specified in the RECAPTURE AGREEMENTS section of the "Agreement". 8. STORM WATER. The Property shall be developed in such a manner as to meet all storm water detention requirements of the Metropolitan Sanitary District of Greater Chicago and of the VILLAGE. 9. STREETS. The OWNER shall dedicate the south 50' of BIESTERFIELD ROAD to the VILLAGE upon annexation of the Property. The OWNER shall reimburse the VILLAGE for 30% of all costs related to the construction of Biesterfield Road, regardless of the availability or use of Federal Funds. The OWNER agrees to pay the same under the following procedure: a) Prior to the installation of any such improvements, VILLAGE shall provide OWNER with estimates and proposals of the cost of any such improvements: b) Thereafter, within 30 days after completion, VILLAGE shall provide OWNER with itemized statements of the actual costs of installation of any such improvements; Said reimbursement to be made on the first to occur of: 1) the issuance of the first certificate of occupancy; or 2) three (3) years of the date hereof. If the Certificate of Occupancy is not issued at the end of the -4- three (3) years and the OWNER has not reimbursed the Village as above provided, the Village agrees to permit the Owner to extend the period of reimbursement for an additional three (3) year period, subject to the following conditions: 1) At the anniversary date of each of the said extended years the OWNER shall pay to the VILLAGE the annual interest on all unpaid reimbursement principal at a rate equal to the prime rate being charged by the First National Bank of Chicago on the date the payment is due. Interest shall accrue on all unpaid reimbursable principal from the date of termination of the initial three-year period until the reimbursement is fully paid. 2) The OWNER may elect to pre -pay the reimbursement principal and accrued interest at any time without penalty; 3) Notwithstanding OWNER'S election to extend the time of payment as above provided, reimbursement principle and all accrued interest shall be due on the date of the issuance of the first certificate of occupancy. Such installation shall include storm sewer, curb, gutter and pavement for width of 18 1/2 to 32 feet. The installation of sidewalks and parkway trees in conformance with VILLAGE ordinances is the responsibility of the OWNER. The improvement shall be dedicated to the VILLAGE. The VILLAGE agrees to accept the ownership of dedicated streets and sidewalks upon completion by OWNER of said improvements in accord with the VILLAGE ordinances applicable thereto. The OWNER agrees to extend, construct and dedicate Home Avenue between Biesterfield Road and the south line of the PROPERTY in such location as shall be depicted on the site plan to be submitted in accordance with paragraph 5 - ZONING AND RELATED ORDINANCES. The extension and construction of Home Avenue shall be completed in accordance with the Subdivision Control Ordinance for a light -industrial business classification of street, prior to the issuance of the first certificate of occupancy for the Office -Transitional zoned portion of the Subject Property. 10. RECAPTURE AGREEMENTS WITH OWNERS. In the event that the OWNER Is required to extend or oversize any water main, sanitary main, force main, or lift station, or other public improvement beyond that which is required to serve their parcel only, and which extension or oversizing will serve -5- properties other than the parcel of the OWNER, the VILLAGE agrees to enter into a recapture agreement with the OWNER wherein that portion of the cost of said public improvement not attributable solely to the OWNER'S parcel would be recoverable by said OWNER, (plus interest calculated at such rate and over such periods of time as is deemed reasonable and equitable to all affected parties, such determination to be made by the Village) from such other properties benefitted over a period not to exceed ten (10) years, and wherein the VILLAGE would agree to require payment of such proportionate share by each such property owner as a condition of annexation and payable prior to making the first connection to such public improvements. 11. PUBLIC IMPROVEMENTS - SECURITY. At the time that public improvements are installed and approved by the Village Engineer, the OWNER shall cause a Bill of Sale, one set of mylar As Built engineering plans, bill of materials, and a two-year maintenance bond to be submitted to the Village prior to the formal acceptance of said improvement by the President and Board of Trustees for permanent maintenance and ownership by the Village. The OWNER 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 metropolitan area bank with assets in excess of Ten Million Dollars ($10,000,000), 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. 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 9.015 of the Subdivision Control Ordinance. 12. MUNICIPAL PURPOSE FUND DONATION. OWNER agrees to pay to VILLAGE a Municipal Purpose Fund Donation normally and customarily charged by 10 the VILLAGE in the amount of $500.00 per acre, for a total of $10,000.00 (20 acres X $500.00). Payment shall be made on the first to occur of: (a) the issuance of the first certificate of occupancy for any building constructed on the Property or: (b) three years after the date hereof. 13. BUILDING CODE. All construction of buildings on the Property shall be in compliance with all applicable Village Building Codes in effect at the time of building permit application. 14. SERVICE EASEMENTS AND TRAFFIC REGULATION. A blanket easement over, under and upon all unimproved common open space, private access driveways and the parking areas within the Property for police and fire protection and for the installation, operation, maintenance, repair, replacement and customary servicing of all electricity, telephone and natural gas lines and all sanitary sewer, storm drainage and water main systems, cable T.V. and other public utilities associated with the Property shall be provided by final plats in favor of VILLAGE and all of the involved public utility companies, cable franchise companies, their respective officers, employees and agents, together with related emergency and service vehicles and equipment. 15. APPLICATION OF ORDINANCES AND FEES. The VILLAGE reserves the right to amend its Zoning and Subdivision Ordinance, its Building Code and other Ordinances affecting the development of the 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 discriminating in its effect upon the development of the Property. The Village agrees that for a period of ten (10) years from the date of the execution of the Agreement, it will not amend its Zoning Ordinance or other Ordinances in such a manner as to prohibit the use of the Property as contemplated by this Agreement 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 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, adopted to meet the increased cost to the Village for providing such services. 6A! 16. STOP ORDERS. The VILLAGE will issue no stop order directing work stoppage without specifying and detailing the section of the Village Code or Ordinance allegedly violated. 17. CERTIFICATE OF OCCUPANCY. The VILLAGE agrees to issue Certificates of Occupancy within ten (10) days of application or issue a letter of denial specifying and detailing the basis for the non -issuance of such Certificate of Occupancy. It is agreed, however, that non -completion of an entire building shall not preclude the issuance of occupancy certificate for any finished floors, floors or portions thereof, subject, however, to the right of the Village Manager to determine whether or not adequate provision has been made for the health and safety of the occupants of a partial building. 18. ENFORCEABILITY: RIGHT OF DISCONNECTION. This Agreement shall be enforceable in any Court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein contained. In addition to the remedies herein provided, the OWNER may elect to disconnect the Property upon substantial breach to this Agreement by the VILLAGE. To effectuate such disconnection, the VILLAGE agrees to adopt necessary Ordinances disconnecting the Property upon the filing of a disconnection petition in the form provided by Statute. 19. 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 the annexation of any of the Subject Property or any of the terms of this Agreement are challenged in any Court proceedings, the period of time during which said litigation is pending shall not be included in calculating said ten (10) year term. 20. SEVERABILITY OF INVALID PROVISIONS. If any provision.of this Agreement is held to be invalid by any Court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. VILLAGE OF ELK GROVE VILLAGE, a Municipal Corporation ,Attest ��BY Charles J. Zettek ager, Village President i Attest: Attest: Attest: Attest: Martin J. Nowak' Ass't. Vice President American National hank of Arlington Heights, formerly known as: FIRST ARLINGTON NATIONAL BANK, A National Banking Association, Arlington Heights, Illinois, as Trustee under Trust Agreement dated December 10, 1975 and known as Trust Number A-597 Palatine National Bank, as Trustee under Trust Agreement dated 6-30-80 and known as Trust No. 3419 AVP & Trust Officer Thomas R. Schreiner, Rugh R. Schreiner and Peter Thorkelson, as Trustees under the Provisions of a Trust Agreement dated Januray 31, 1972 and known as The Environmental Enterprises, Inc. Profit Sharing Trust. MM