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HomeMy WebLinkAboutRESOLUTION - 26-24 - 4/23/2024 - 533 RIDGE PRE-ANNEXATION AGREEMENTRESOLUTION NO.26-24 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A PRE -ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE DESIGNATED OWNER OF PROPERTY TO BE ANNEXED TO THE VILLAGE (533 RIDGE AVE) WHEREAS, on April 23, 2024, a public hearing was held pursuant to Section 65 ILCS 5111-15.1 et. seq. of the Illinois Municipal Code to consider the approval of a Pre -Annexation Agreement between the Village of Elk Grove Village and the designated owner of property to be annexed to the Village; and WHEREAS, as a result of the testimony and evidence presented at said public hearing, the Mayor 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 Pre -Annexation Agreement between the Village and Owner be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign Pre -Annexation Agreement between the Village of Elk Grove Village and the designated owner of property to be annexed to the Village, which Agreement is attached hereto and made a part hereof and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 23"d day of April 2024 APPROVED this 23rd day of April 2024 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk PRE ANNEXATION AGREEMENT THIS P ANNEXATION AGREEMENT ("Agreement") is made and entered into this ,23"4 day of b I , 2024 between the Village of Elk Grove Village, an Illinois municipal corporate n and home rule unit of local government located in Cook and DuPage Counties (hereinafter referred to as the "Village"), and (Owner Name) (hereinafter referred to as the "Owner") regarding the annexation of 533 Ridge Avenue (the "Property"). RECITALS: WHEREAS, the Owner is the owner of record for the Property, which is commonly known as 533 Ridge Avenue and legally described in Exhibit A and depicted in the Plat of Survey, dated February 13, 1957, and attached hereto as Exhibit B; and and WHEREAS, the Property is not located within the corporate limits of any municipality; WHEREAS, the Property is contiguous to the corporate limits of the Village; and WHEREAS, the Owner desires to annex the Property as shown in the Plat of Annexation, dated November 27, 2023, and attached hereto as Exhibit C, pursuant to the terms of this Agreement; and WHEREAS, the Owner has filed a duly executed and authorized annexation petition with the Village Clerk signed by the owner of record of the Property, and by all electors residing thereon; and WHEREAS, upon annexation, the Owner seeks to have the Property designated in the R- 3 Residential Zoning District as designated in the Village's Comprehensive Plan Map dated April 24, 1990; and WHEREAS, due notice as required by statute has been sent to and received by the Trustees of all Fire Protection Districts and Public Library Districts having jurisdiction over the Subject Property, the Township Road Commissioner(s) and Town Board of Elk Grove Township, and any other entity or person entitled to such notice and the Village will file affidavits of such service of notice with the Office of the Cook County Clerk, Recordings Division in accordance with applicable provisions of the Illinois Municipal Code, and will comply with all other additional requirements of the Illinois Municipal Code; and WHEREAS, on 0I�.3,4�he Corporate Authorities conducted a public hearing to consider this Agreement pursuant to notice published on . ! -6- , 2024 by the Village in the Daily Herald, a newspaper of general circulation within the Village, and in accordance with the notice requirements contained in the Village's Zoning Ordinance; and WHEREAS, the Parties desire, pursuant to applicable provisions of the Illinois Compiled Statutes (including, without limitation, those set forth at 65 ILCS 5/11-15.1-1, et seq.), the 392372_2 Village's Zoning Ordinance, and the Village's home -rule authority, to enter into an agreement addressing the annexation of the Property to the Village; and WHEREAS, the Corporate Authorities have considered the annexation of the Property to the Village and have determined that the best interests of the Village will be served by annexing the Subject Property into the Village in accordance with this Agreement's terms, and, by the affirmative vote of at least two-thirds of the Corporate Authorities then holding office, the Corporate Authorities have approved this Agreement and have authorized the Mayor and Clerk of the Village to execute this Agreement; NOW, THEREFORE, in consideration of the foregoing preambles, which are hereby incorporated into and made a part of this Agreement, and of the mutual covenants hereinafter contained, the Parties agree as follows: 1. Incorporation of Recitals. The above Recitals are hereby incorporated by reference as if expressly set forth in this Annexation Agreement. 2. Statutory Authority. This Annexation Agreement is made pursuant to and in accordance with 65 ILCS 5111-15.1-1 et. seq., (as amended), and the Village's Home Rule Authority pursuant to Article VII, Section 6 of the Illinois Constitution of 1970. 3. Annexation Ordinance. Subject to the provisions of 65 ILCS 5111-15.1.1 et. seq., (as amended), within a reasonable time after the execution of this Agreement by the Parties to this Agreement, the Village, through the action of the Corporate Authorities, agrees to do all things necessary or appropriate to cause the Property to be validly annexed to the Village, including the enactment of an ordinance annexing the Property to the Village and designating the Subject Property in the R-3 Single Family Residence District. The Village shall notify entities or persons of such annexation and promptly record all ordinances, plats, and affidavits necessary to said annexation, in accordance with any and all statutory and Village requirements. 4. Variations from and Governance of Local Codes. The Owner does not seek any variations from the provisions of Village ordinances, rules and codes of the Property. The Parties agree that the existing Property and use will be considered legal non -conforming as of the executed date of this Agreement. Any and all changes to the Property after the executed date of this Agreement shall comply in all respects with the provisions in the Building, Plumbing, Electrical, Fire Prevention, Zoning and Development Codes of the Village and all other applicable codes and ordinances of the Village in effect on the date an application for a building permit or construction is filed with the Village. The Owner further agrees that the Property will be subject to the Elk Grove Village Code and ordinances and all subsequent amendments thereto, as they may from time to time apply to the Property. 5. Sidewalk. At Owner's sole cost, as provided in section 8.3 of this Agreement, the Village shall construct a four (4') foot wide public sidewalk to serve the Property along the Property, as indicated in the Site Plan attached hereto as Exhibit D. Owner acknowledges that the installation of this Sidewalk will require the removal of a shrub on the Owner's 392372_2 property, as indicated in the Site Plan, and agrees to permit entry on the Owner's property and the removal of this shrub by the Village. 6. Water and Sanitary Systems 6.1 The Village represents and warrants that it owns, operates and maintains a potable water supply and distribution system within its borders, and water mains and lines within rights -of -way which can service the Property. Within six (6) months of annexation, the Owner must connect to and use such system, and mains and lines, including the installation of any necessary equipment, which connection shall be on the west side of Ridge Avenue as approved by the Village Engineer. At the time of connection, Owner shall pay the water tap -on and permit fees, as provided for by the terms of the Village Code. The Village shall grant Owner's access to all Village owned rights -of -way to enable Owner's provision of potable water service to the Property. 6.2 The Village represents and warrant that it owns, operates and maintains a sanitary sewer system within its borders which the Property currently utilizes with an existing connection. 6.3 The existing water well on the Property shall be permanently capped and abandoned by the Owner, at Owner's sole cost and expense, within six (6) months of annexation. The well must be disconnected from the interior plumbing of the house prior to connecting to the Village water supply. The well shall be permanently capped and abandoned within 30 days of such connection. Documentation and inspection(s) verifying compliance shall be presented to the Village prior to operation of the water service noted in 6.1 of this Agreement. 7. Recapture Fees. Village represents and warrants that no recapture fees are due and payable to any person or entity as a result of the Subject Property's annexation, development, or connection to any utility improvements serving the Subject Property. 8. Fees. 8.1 At the time of annexation of the Property to the Village, Owner shall pay to the Village an annexation fee of Five Hundred and No/100 Dollars ($500.00) for the annexation of the Property, plus all other accompanying fees required by existing laws, ordinances, rules and regulations, such as filing fees, court reporter costs or other related fees and expenses called for under the Village's ordinances. 8.2 The Village will waive the requirement in Section 8-12B-1-IE of the Village's Subdivision Control Ordinance for a Ten (10) Percent land dedication for all residential developments. 8.3 At the time of annexation of the Property to the Village, Owner shall pay to the Village a sidewalk construction fee of six thousand five hundred and fifteen dollars ($6,515.00). 392372_2 8.4 At the time of annexation to the Village and prior to completion of the water service connection, the Owner shall pay to the Village fees for sanitary service in the amount of $39.01 per month. 8.5 At the time of completion of the water service connection, the Owner shall pay to the Village the following water/sewer fees which may be amended from time to time by the Corporate Authorities: a. $12.00 per thousand gallons of water b. Stormwater management fee as established by Section 7-2-5-2:C of the Village Code. 8.6 Except as provided above, there shall be no other fees (other than reimbursement to the Village for documentation and recording fees) imposed by the Village on the annexation of the Property, except, when applicable, for building permit fees, engineering review and inspection fees, and water and sewer tap -on charges, as provided for by the terms of Village codes, which shall be the same rates as are uniformly applied through the Village and generally for all other property and Owner within the Village. 9. Bindin Effect. ffect. The Parties intend that the terms and conditions of this Agreement shall be a covenant running with the land. This Agreement shall be recorded against the title of the Subject Property and shall be binding upon and inure to the benefit of the Parties hereto, grantees, successors in interest, assignees, heirs, executors, or lessees, including their successor Village officials. If any existing resolution or ordinance be in any way inconsistent or in conflict with any provisions hereof, then the provisions of this Agreement shall constitute lawful and binding amendments to and shall supersede the terms of said inconsistent resolution or ordinance. If any Village Code, ordinance or regulation is hereafter adopted, amended or interpreted so as to be less restrictive upon Owner, its successors or assigns with respect to the development of the Property than is the case under existing law, then, at Owner's option, such less restrictive amendment or interpretation shall control. 10. Notices. All notices, elections or other communications between the Parties hereto shall be in writing and shall be mailed by certified mail, return receipt requested, postage prepaid, or delivered personally, to the Parties at the following addresses or such other address as the Parties may, by notice, designate: If to the Village: Elk Grove Village Attn: Village Manager, with Copy to Village Clerk 901 Wellington Avenue Elk Grove Village, Illinois 60007 If to Owner (Owner Name & Address) 392372_2 11. Enforceability. This Agreement shall be enforceable in any court of competent jurisdiction by either of the parties hereto by an appropriate action at law or in equity. 12. Severability. If any provision of this Agreement is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 13. Term. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, for a period of twenty (20) years from the date of execution hereof. 14. Recording. Within sixty (60) days after the execution of this Agreement, the Village Clerk shall record the Agreement, or a memorandum hereof, at the sole cost and expense of the Owner in the Office of the Cook County Recorder of Deeds. 15. Time is of the essence of this Agreement. Upon the occurrence of a default of any of the provisions of this Agreement, which default continues for thirty (30) days after a notice specifying such default is given the defaulting party, the injured party hereto may in law or in equity, by suit, action, mandamus or other proceeding, including specific performance, enforce or compel the performance of this Agreement by the defaulting party. 3923722 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date beside their respective signatures. Village of El rove)Village, an IllinoisAlome RuA municipal corporation By: Title: 124 �����✓�zj�y Date: Attest: By: Title: Date: (Owner) By: H e-- Signature: Title: Date: 392372_2 EXHIBIT A Legal Description: EXHIBIT B Plat of Survey prepared by Central Survey Company, dated February 13, 1957 EXHIBIT C Plat of Annexation prepared by Gremley & Biedermann, dated November 27, 2023 EXHIBIT D Site Plan 392372_2 EXHIBIT A LEGAL DESCRIPTION: LOT 134 IN BRANIGER'S FOREST VIEW HOMESITES, A SUBDIVISION OF PART OF SECTION 28, TOWNSHIP 41 NORTH, RANGE I I EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. CONTAINING 20,624 SQUARE FEE (0.47 ACRES) OF LAND, MORE OR LESS. COMMONLY KNOWN AS: 533 RIDGE AVE., ELK GROVE VILLAGE, IL — 1-1 EX111BI'l, B SURVEYORS and CIVIL ENGINEERS 6233 NORTH NAPEER AVENUE PHONE NEWCASTLE 1-5285 PLAT OF SURVEY f N J. O O Iron pipe far 1b), colwel, 4 Z f1V1 a,11o7' lza Q) co z /5' z4 "o 115 01 Z. ts ti C41 ze 70 44so lw te 0!, illinuig)". jrroaplpelar f cornerI cju.j-m.v of "'jolt i'- 0C 1, t d the 0 EtcsiienrC corrcctj.v 1 Liiticit; L;tj!tre-L ourve-y Cuapany 1-leyor. ti z 6'r ILLINOI r-l-IECKED AND APPRO ED: STATE OF County Of Cook SI 1 U. CENTRAL SURVEY COMPANY h—by —flr— that it has surveyed the above described properly and the plat hereon drawn N Ili.is a correct representation of said survey. 0 Ordered by Fol,rj;try Chicago CENTRAL SURVEY CO. Book---- Page BY V Co.p&,e ell p.;rt. ..d p,—pfly report any Consult J-d f., building lira and GRAPHIC SCALE =11hil C RAI'll GREMLEY &, BIEDERMANN CAM 21-316 PLAT, QYP vri-AxtZkorm- OP anovym, llriLl T-T-VIE-U-91; RE. -FOR—.. LOT -INBRJANG R'S FOREST MEW HOMESITES. A SUBUVISION Of PART OF SECTION 28, TOWNSHP 41 -. FLAMOE 11 EAST OF THE THIRDFRI-IPAL MERIOIAN. INCOON C W. lUUMOIS. CONTAl- 20.- SQUARE FEET P.47ACRES) OF LAND. MORE OR LESS. RE- FOR TIE I-E OF ELI GFR- --E 124 133 9 PIN \J0 08-28-404-006-0000 PIN: 08-28-400-005 LOFZES PIN: 08-28-400-016 N89*09'5B"E BRPN\G �O S��ES- - - - 206.67' 202 Cr Lj HEREBY ANNEXED TO THE VILLAGE OF ELK GROVE VILLAGE n g 123 134o PIN: 08-28-404-017 I TI. _.I OF PIN: 08-28-404-006 ATTEIT 205.87' 202.0' PIN:08-28-400-007 PIN' 08-28- 400-018 135 122 LAUREL STREET --T--- —T SHRUB REMOVAL EXHIBIT D o'> PROPOSED APRON 0 5�� RIDGE ggf tl ,o I� vi PROPOSED SIDEWALK a R 0 TREE REMOVAL .-.JQS HALF SIZE 01 OF 01