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HomeMy WebLinkAboutRESOLUTION - 19-81 - 3/24/1981 - PRE ANNEX AGRMT/STEIN OEHLERKINGRESOLUTION NO. 19-81 A RESOLUTION AUTHORIZING AND APPROVING A PRE -ANNEXATION AGREEMENT (STEIN/OEHLERKING) BE IT RESOLVED, by the President and Board of Trustees of the Village of Elk Grove Village, Cook and DuPage County, Illinois, as follows: Section 1: That the Pre -Annexation Agreement, a copy of which is attached hereto and incorporated herein, relating to the annexation of property known as the Stein/Oehlerking Property, and referred more specifically to and legally described therein, 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: 6 NAYS: 0 ABSENT: 1 PASSED this 24th day of March 1981. APPROVED this 24th day of March 1981. APPROVED: i Vi lage Pres i nt ATTEST: Village - erk ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 24th day of March , 1981, 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 "the Corporate Authorities"), and MINNIE STEIN, HARRY OEHLERKING and KATHERINE OEHLERKING (hereinafter referred to as "the OWNER"), W I T N E S S E T H: WHEREAS, MINNIE STEIN, HARRY OEHLERKING and KATHERINE OEHLERKING, are the owners of record of certain real estate, the legal descrip- tion 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 4.2 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 Illinois Municipal Code (Illinois Revised Statutes, 1979, Chapter 24); and WHEREAS, the OWNER desires to have the subject property annexed to the VILLAGE OF ELK GROVE VILLAGE, upon certain terms and conditions hereinafter set forth; and WHEREAS, the Corporate Authorities, after due and careful consid- eration, 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, 1979, Chapter 24, Section 11-15.1-1, et seq., a proposed annexation agreement in substance and form the same as this Agreement was sub- mitted to the Corporate Authorities and a public hearing held thereon pursuant to notic, as provided by statute; 1 WHEREAS, any fire protection district, library 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, 1979, 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 this Agreement. The OWNER has paid all appropriate fees and deposits. 3. ANNEXATION ORDINANCE. The Corporate Authorities, upon the execution of this Agreement, shall enact an ordinance annexing the subject property to the VILLAGE. 4. ZONING. Immediately after the passage of the ordinance annexing the subject property, the Village shall: A. Zone and classify the subject property as A-2, Multiple Family Residential District, under the provisions of its Zoning Ordinance, and pursuant to the recommendation of the Plan Commission. There have, heretofore, been conducted such public hearings as are necessary to grant the zoning classification provided above and no further action need be taken by the owner to obtain said A-2 zoning classification once the subject property is annexed to the Village. B. Make such amendments, modifications or changes as may be required in the Official Comprehensive Plan of the VILLAGE to accommodate the land uses proposed herein. 5. PAYMENT TO FUND. The OWNER agrees to pay Elk Grove Village a sum equal to $19,517.00 for use in connection with the Park District's proposed parking improvement to Stewart J. Udall Park (as shown on the Park District Plan dated April 10, 1980). Said sum shall be paid immediately upon annexation and is submitted in lieu of the 10% land dedication requirement of the VILLAGE. - 2 - 6. APPROVAL OF SUBDIVISION PLAT AND OTHER ACTIONS BY VILLAGE. Immediately upon the annexation of the subject property as aforesaid, the VILLAGE shall approve, accept and record a Final Plat of Subdivision of the subject property prepared by the OWNER in com- pliance with the VILLAGE's Subdivision Control Ordinance. Said Plat shall be substantially in accordance with the preliminary Plat attached hereto as Exhibit B, made a part hereof and incorporated herein by reference. At the time OWNER records the Final Plat of Subdivision, it shall also cause to be recorded certain covenants and restrictions pertaining to said subdivision, which shall be substantially set forth in the attached Exhibit C, made a part hereof and incorporated herein by reference. 7. WATER. For the purpose of providing water to the subject property and the buildings to be located thereon, the OWNER shall connect the 12" main on the north side of Oakton Street with the 6" main on the south side of Oakton near Shadywood Dr., with an 8" main. The OWNER shall also extend the 6" main on the south side of Oakton Street easterly to the east line of the subject property with an 8" main and hydrants. The OWNER shall also extend an 8" main through the parcel to connect to the 6" stub at Willow Lane. 8. SANITARY SEWER. The OWNER shall provide sanitary sewer service to the subject property, and the buildings to be constructed thereon. However, the exact location of the connection shall be approved by both the Metropolitan Sanitary District and the Village Engineer. 9. OAKTON STREET. The OWNER agrees to fully develop the South half of Oakton Street, for the entire length of the property, including paving, curbs, gutter, storm sewer, lighting, trees and sidewalks, in accordance with Village requirements. Such improve- ments must be completed prior to the issuance of occupancy permits for the buildings. - 3 - 10. DEVELOPMENT IN GENERAL CONFORMITY WITH SITE PLAN. The OWNER shall cause the subject property to be improved in general conformity with the land use and standards as shown on the site - plan prepared by Cody -Braun and Associates, January 15, 1981, a copy of which is attached as Exhibit D, except as necessarily modified to solve engineering, layout and/or design problems not reasonably foreseeable at the time of the execution of this Agreement. Any minor change to accommodate such problem must receive the prior written approval of the Village Manager. 11. PLAT OF SUBDIVISION. The OWNER agrees to make part of the Plat of Subdivision a maintenance agreement and restrictive covenant for the common access driveway located in the development which is effective upon the recording of the Plat of Subdivision. 12. 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 pro- tection of the public health, welfare and safety, by general Ordi- nance 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 execu- tion of this Agreement, it will not amend its Zoning Ordinance or other ordinances in such a manner as prohibit the use of the subject 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 construction and development of the subject property, shall not be increased for a period of ten (10) years as applied to the subject property, except as part of an overall increase in such fees which affects the development of all property in the Village, adopted to meet - 4 - the increased cost to the Village of providing such services. 13. PERMIT FEES. The VILLAGE agrees to charge the OWNER such building fees, utility connection fees, tap -on charges and inspec- tion fees, engineering plan review fees, 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. 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. 15. BINDING EFFECT. This Agreement shall bind heirs and successors and assigns of the OWNER, 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. 16. A) PUBLIC IMPROVEMENTS - SECURITY. At the time such public improvements are installed by the owner and approved by the Village Engineer, the OWNER shall cause a Bill of Sale, one set of mylar as -built engineering plans, and a two-year maintenance bond to be issued 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 shall be required to give the VILLAGE security for - 5 - the installation of all public improvements, publicly owned and maintained, such security to be in the form as set forth in the Subdivision Control Ordinance. B) PAYMENT TO FUND. The OWNER agrees to pay the VILLAGE the sum of $2,000.00 for use in connection with the VILLAGE's Traffic Signal -Municipal Purpose Fund. Said sum shall be paid as follows: $666.66 upon annexation and $666.67 annually thereafter until said full sum is paid. C) LANDSCAPING AND SCREENING. The OWNER agrees to prepare and submit a detailed landscaping and screening plan for the area along the west side of the subject property which adjoins the single family residences. Said landscaping and screening must be approved by the Village Plan Commission and completely installed by the OWNER prior to the issuance of any occupancy permits. 17. DEMOLITION OF EXISTING STRUCTURE. The OWNER agrees to raze or relocate to property not included in the Petition for Annexation all residences and other structures located on the property within one year of annexation. The OWNER further agrees to cap the shallow well serving the existing structure immediately after razing or relocating said structures. 18. GRANT OF PERMANENT EASEMENT ON SOUTH THIRTY (30') FEET OF PROPERTY. OWNER agrees that, prior to VILLAGE approving any Plat/s of Subdivision or issuing any building permit for the subject property, a permanent thirty (301) foot Easement on the Southerly thirty (30') feet of the subject property shall be granted to VILLAGE, providing that such Easement shall restrict use of such area solely to Village Police, Fire, or Public Works vehicles and that such restriction may be enforced by OWNER and/or OWNERS successor/s in title to the subject property. 19. SEPARABILITY. It is understood that in the event any provisions of this Agreement shall be deemed invalid, then the invalidity of said provision shall not affect the validity of any other provisions herein. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 24th day of March 1981, the same being done after public hearing, notice and statutory - 6 - requirements having been fulfilled. ATTEST: Minnie stein 641Lk c Harry p hlerking Katherine� • VILLAGE OF ELK GROVE VILLAGE VILLAGE CLERK - 7 - EXHIBIT "A" THAT PART OF THE EAST 141.20 FEET OF THE WEST 241.20 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF A LINE 613.98 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 27, ALSO THE EAST 141.20 FEET (EXCEPT THE SOUTH 720.0 FEET THEREOF) OF THE WEST 382.40 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27 AFORESAID, AND ALL THAT PART OF OAKTON STREET LYING NORTH OF AND ADJOINING THE ABOVE DESCRIBED PROPERTY, IN COOK COUNTY, ILLINOIS. Exhibit "C" STATE OF ILLINOIS ) ) SS. COUNTY OF C O O K ) DECLARATION OF RESTRICTIVE COVENANT The undersigned, being the owners in fee simple of the following described real estate lying in the County of Cook, and State of Illinois, legally described as follows: THAT PART OF THE EAST 141.20 FEET OF THE WEST 241.20 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF A LINE 613.98 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 27, ALSO THE EAST 141.20 FEET (EXCEPT THE SOUTH 720.0 FEET THEREOF) OF THE WEST 382.40 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, AFORESAID, AND ALL THAT PART OF OAKTON STREET LYING NORTH OF AND ADJOINING THE ABOVE DESCRIBED PROPERTY, IN COOK COUNTY, ILLINOIS, and commonly known as 821-25 Oakton, Elk Grove Village, Illinois in consideration of the Annexation of said property by Elk Grove Village, do hereby make the following Declaration which shall consti- tute a covenant to run with the land and shall be binding upon the undersigned, their successors and assignees, and all other persons acquiring by, through or under them, any right, title or interest in and to said real estate or any part thereof, as follows: 1. That the common access driveway located within the sub- ject real estate shall be maintained by the persons owning any right, title and interest in and to the subject real estate pursuant to the laws and ordinances of the Village of Elk Grove Village. 2. That in the event the common access driveway is not so maintained, the Village of Elk Grove Village shall have the right, after thirty (30) days prior written notice to the owner, to maintain, repair, re -surface, reconstruct, etc., as necessary and the Village shall be r. entitled to full reimbursement for the cost of such maintenance, repair or reconstruction of such access driveway, plus reasonable engineering fees, attorneys' fees and costs incurred by the Village in enforcing the provisions hereof, from the property owners. In the event, -the Village of Elk Grove Village incurs any such costs in connection with enforcing the provisions of this covenant, the Village shall have a lien upon the property legally described above, which lien shall be enforceable like all judicial liens and which shall act as security for the right of reimbursement to the Village provided for herein. 3. That this covenant shall be appurtenant to and run with the property legally described above and that no amendment hereto shall be effective unless prior written approval of the Corporate Authorities of the Village of Elk Grove Village is first obtained and affixed to any document purporting to amend or abrogate the provisions hereof. This Declaration of Restrictive Covenant may be enforced in any court of competent jurisdiction by the Village of Elk Grove Village, a municipal corporation, through any appropriate action at law or in equity. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this p / !1 day of - 4mfG' , 1981. DOCUMENT PREPARED BY: Anthony J. Pauletto Attorney at Law 120 West Madison Street Room 906 Chicago, IL 60602 Utz r 1 - 2 - 1 ACKNOWLEDGMENT STATE OF ILLINOIS ) COUNTY OF C O 0 K ) SS. a Notary Public in and for said County, in the State aforesaid, do hereby certify that MINNIE STEIN, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed, sealed and delivered the said instrument as her free and voluntary act, for the uses and purposes therein set forth. y� GIVEN under my hand and seal this ;2/5,7' day of 1981. Notary Public STATE OF ILLINOIS ) COUNTY OF C O O K ) SS. I, ��L'6��`E � QY S a Notary Public in and for said County, in the State aforesaid, do hereby certify that HARRY OEHLERKING and KATHERINE OEHLERKING, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and seal this p?l day of4W(f1 1981. W �2�__'� N ary Public - 3 -