HomeMy WebLinkAboutRESOLUTION - 20-81 - 4/14/1981 - PRE ANNEX AGRMT/KLEHM PROPERTYr
RESOLUTION NO. 20-81
A RESOLUTION AUTHORIZING AND APPROVING
A PRE -ANNEXATION AGREEMENT (KLEHM)
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 and incorporated herein, relating
to the annexation of property known as the Klehm Farm 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, or a memorandum thereof,
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: 0
ATTEST:
Village Clerk
APPROVED:
Charles J. Zettek
Village President
PASSED this 14th day of
APPROVED this 14th day of
April 1981.
April 1981.
ANNEXATION AGREEMENT
by and between
LA SALLE NATIONAL BANK,
a national banking association,
not personally or individually,
but solely as Trustee under
Trust Agreement dated March 15, 1980
and known as Trust Number 102000
and the
VILLAGE OF ELK GROVE VILLAGE,
an Illinois municipal corporation
located in Cook County, Illinois
TABLE OF CONTENTS
Page
1.
Preambles
6
2.
Annexation
6
3.
Zoning
7
4.
Utilities Agreement
8
5.
Dedications
14
6.
Roads and Highways
16
7.
Public Improvements
20
8.
Condemnation
22
9.
Building Code Variations
23
10.
Building Permits
25
11.
Occupancy Permits
27
12.
Energy and Communication
28
13.
Alcoholic Beverages
29
14.
More Restrictive Requirements
30
15.
Less Restrictive Requirements
32
16.
Tollway
33
17.
Subdivision
33
18.
Revenue Bond Financing
34
19.
Signal Fees
35
20.
Financial Aid and Assistance
36
21.
Remedies including Disconnection
36
22. Benefit
23. Term
24. Severability
25. General Provisions
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
TABLE OF CONTENTS
(Cont'd)
EXHIBITS
Legal Description of Annexation Parcel
Legal Description of Zoned Parcel
Description of Text Amendment
Description of Sewer Facilities
Description of Water Facilities
Page
39
40
41
41
a
I
BJR 189040/48a15
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this /4t - day of
April, 1981, by and between LA SALLE NATIONAL BANK, a national
banking association, not personally or individually, but solely as
Trustee under Trust Agreement dated March 15, 1980 and known as
Trust Number 102000 (hereinafter referred to as "Developer") and the
VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal corporation
located in Cook County, Illinois (hereinafter referred to as
"Village").
W I T N E S S E T H•
WHEREAS, the Developer is the owner of certain real
property located in unincorporated Cook County, Illinois, which
property contains approximately 116.144 acres and is legally
described in Exhibit "A"_ attached to this Agreement, and by this
reference made a part hereof (said real estate is hereinafter
referred to as the "Annexation Parcel"); and
WHEREAS, the Annexation Parcel is contiguous to the
Village and is not included in any other incorporated city or
village, and constitutes territory which may be annexed to the
Village pursuant to Article 7 of the Illinois Municipal Code (Ill.
Rev. Stats. 1979, Chapter 24); -and
WHEREAS, the Developer is the owner of certain real
property located within the corporate limits of the Village, which
property contains approximately 7.23 acres, is located contiguous
to the Annexation Parcel and is legally described in Exhibit "B"
attached to this Agreement, and by this reference made a part
hereof (said real estate is hereinafter referred to as the "Zoned
Parcel"); and
WHEREAS, the Developer desires to have the Annexation Parcel
annexed to the Village for development in accordance with the terms
and conditions of this Agreement, and the Village desires that the
Annexation Parcel be so annexed; and
WHEREAS, the Developer desires to have the Annexation
Parcel and the Zoned Parcel (the Zoned Parcel and the Annexation
Parcel are hereinafter collectively referred to as the "Development
Parcel") classified under the Village's Zoning Ordinance as the same
presently is, or may be hereinafter amended, pursuant to this
Agreement, as an Office Park Conditional Use District under Sections
5.74-1 et seq. of the Zoning Ordinance of the Village (said Office
Park Conditional Use District is hereinafter referred to as the
"Office Park District") for the purposes of developing said Develop-
ment Parcel as a First Class Office Park with accessory uses;
and
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WHEREAS, the Village desires that said Development Parcel
be developed in the manner proposed; and
WHEREAS, the development of said Development Parcel in the
manner proposed will be highly beneficial to the Village in that
such development will increase the tax base of the property within
the Village; extend the corporate limits and jurisdiction of the
Village; permit the sound planning and development of the Development
Parcel within and under control of the Village, and otherwise
promote the general welfare of the Village; and
WHEREAS, the development of the Development Parcel (herein-
after referred to as "Development") will provide for a comprehensively
planned office park within the corporate limits of the Village; and
WHEREAS, Developer recognizes, after full consideration,
the many advantages and benefits both to it as a developer and to
the prospective users of the Development as a result of including
the Development as an integral part of the Village; and
WHEREAS, notice of the public hearings on this Agreement
have been given in the manner provided by law, and the corporate
authorities of the Village have had such hearings as are prescribed
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pursuant to the provisions of the Illinois Revised Statutes, 1979,
Chapter 24, Section 11-15.1-1 et. seq.; and
WHEREAS, pursuant to the notice and advertisement in the
manner provided by ordinance, the Plan Commission of the Village has
examined and carefully studied a text amendment to the zoning
ordinance of the Village providing for the Office Park District in
the form attached hereto as Exhibit "C" (hereinafter referred to as
the "Text Amendment") and has held such public hearings prescribed
by law with respect to the zoning classification applicable to the
Development Parcel as said zoning classification is more fully
hereinafter described; and
WHEREAS, prior to said hearings on this Agreement, all
public hearings required by law to be held before the adoption of
the ordinance amendments agreed upon herein have been held; and
WHEREAS, the Village, in order to insure the development
of said Development Parcel in the public interest, requires that
certain conditions and acts with respect to the total annexation,
zoning, and development of the Development Parcel be performed;
and
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WHEREAS, the development of the Development Parcel, as an
office park, will promote the sound planning and development of the
Village; and
WHEREAS, if the annexation of the Development Parcel is
accomplished, the Village will extend its zoning, building, health
and other municipal regulations and ordinances over the Annexation
Parcel, thereby protecting the Village from possible undesirable or
unharmonious use and development of unincorporated areas surrounding
the Village; and
WHEREAS, the President and the Village Hoard of Trustees
(hereinafter referred to as "Corporate Authorities") recognize that
Developer, in order to insure the Development of the Development
Parcel in a manner economically feasible, requires assurance of
certain terms and conditions and the continuation thereof for a
definite period of time.
NOW, THEREFORE, for and in consideration of the premises
and mutual covenants and agreements hereinafter set forth, the
parties hereto agree as follows:
_5_
1. Preambles
The representations and recitations set forth in the
foregoing Preambles are material to this Agreement and are hereby
incorporated into and made a part of this Agreement as though
they were fully set forth in this paragraph 1.
2. Annexation
(a) 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.
(b) The Developer has filed with the Village Clerk a
proper petition for annexation of the subject property to
the Village, conditioned upon the terms and provisions of
this Agreement, and has paid all appropriate fees and
deposits, unless otherwise provided herein.
(c) The Corporate Authorities, upon the execution of
this Agreement, shall enact an Ordinance annexing the
Annexation Parcel.
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(d) Subject to the terms and conditions of this
Agreement, the Village agrees to do all things necessary
or appropriate to carry out the terms of this Agreement,
including the enactment of such resolutions and ordinances
and the taking of such other action as may be necessary or
desirable to enable the Village and the Developer to
comply with the terms"hereof.
(e) No action shall be taken by the Village to annex
any part of the Annexation Parcel:
(i) until and unless this Annexation
Agreement shall have been validly executed by the
parties hereto; and
(ii) unless all of the Annexation Parcel is
annexed to the Village at the same time and by the
same ordinance or by separate ordinances concurrently
adopted.
3. zoning
(a) The Corporate Authorities of the Village, upon
execution of this Agreement, shall duly enact an Ordinance
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amending Article V of the Zoning Ordinance of the Village
of Elk Grove Village (hereinafter sometimes referred to as
the "Zoning Ordinance") by adding Sections 5.74-1 et seq.
thereto entitled "Ofice Park Conditional Use District"
which Sections 5.74-1 et seq. shall be in the form
attached hereto as Exhibit "C".
(b) The Corporate Authorities of the Village, upon
adoption of the ordinance annexing the Annexation Parcel
and the ordinance establishing the Office Park Conditional
Use District, shall immediately enact an ordinance
amending the Zoning Ordinance by rezoning the Zoned Parcel
and the Annexation Parcel to Office Park Conditional Use
District and shall be subject to all of the provisions,
terms, and conditions set forth therein.
4. Utilities Agreement
(a) The following sanitary sewer facilities shall be
installed to service the Development Parcel.
(i) Following the annexation of the
Annexation Parcel to the Village, the Developer
agrees at no cost to the Village, to construct and
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install such necessary sewer lines so as to connect
the sewer system to be constructed within the
Development Parcel to the existing sewer line on Lee
Street described as "Line "A" on Exhibit "D" attached
hereto and by this reference incorporated herein.
(ii) Following the annexation of the
Annexation Parcel to the Village, the Village agrees
to do all things necessary to rehabilitate the
present sewer system located within the areas cross-
hatched on Exhibit "D" attached hereto so as to
service the needs of the Development Parcel and the
aforesaid areas. The Village shall diligently pursue
the completion of such rehabilitation so as to
complete all of said rehabilitation work on or before
November 1, 1982. The Developer shall reimburse the
Village for all costs and expenses so incurred by the
Village in such rehabilitation, provided however, the
amount of such reimbursement shall in no event
exceed ONE HUNDRED SIXTY-FIVE THOUSAND AND N01100
($165,000.00) DOLLARS. All costs in excess of the
aforesaid amount shall be paid by the Village.
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(iii) Should the Village reasonably determine
that the installation of 12" relief sanitary sewer
lines at the locations identified as "Line B" and
"Line C" on Exhibit "D" attached hereto are necessary
to service the Development Parcel and the surrounding
areas at any time on or before May 1, 1991, the
Village shall so notify the Developer. Should the
Developer not agree, within sixty (60) days of said
notice, to install said relief lines, the decision
with respect to the aforesaid relief sewer lines shall
be submitted to arbitration, and the following
procedures shall take effect:
(1) The Village and the Developer
shall each appoint an independant Civil
Engineer licensed by the State of Illinois
within fifteen (15) days after the expiration
of the aforesaid sixty (60) day period;
(2) The two (2) Civil Engineers so
appointed pursuant to Subparagraph (1) above
shall appoint a third Civil Engineer within
fifteen (15) days of their appointment;
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q
(3) The three (3) Civil Engineers so
appointed shall, within fifteen (15) days of
the appointment of the third Civil Engineer,
determine the necessity of installation of
the relief lines described as "Line "B" and
"Line "C" on Exhibit "D" attached hereto.
The decision of said Civil Engineers shall be
based upon prudent engineering standards
so as to determine the necessity of the
installation of said relief lines for the
benefit of the Development Pacel and the
surrounding areas within the Village to
be served by the said relief lines. The
decision of the arbitrators so appointed
shall be final and shall be binding upon the
Village and the Developer. The costs of the
three (3) Civil Engineers required above
shall be divided equally between the Village
and the Developer.
(iv) The Village hereby agrees that
sanitary sewer facilities to be constructed within
the Development Parcel and approved pursuant to
Subparagraph 10(b) hereof may be connected to the
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existing sanitary sewer system of the Village at the
location identified in Subparagraph (i) above, at any
time after April 1, 1982.
(b) The following facilities shall be installed to
provide domestic and fire protection water service to the
Development Parcel:
(i) Following the annexation of the
Annexation Parcel to the Village, the Developer
agrees, at no cost to the Village, to cause the
design, installation and construction of a 12"
water main at the location depicted as "Line I" on
Exhibit "E" attached hereto and by this reference
incorporated herein.
(ii) Immediately following the annexation
of the Annexation Parcel to the Village, the
Developer agrees to cause the design, installation and
construction of a 12" water main at the location
depicted as "Line II" on Exhibit "E" attached hereto.
All costs of the design, installation and construction
of the water main described in this Subparagraph (ii)
shall be paid by the Developer and the Village shall
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reimburse the Developer for two-thirds (2/3) of the
costs of said design, installation and construction.
All of said reimbursements to be paid by the City
shall be paid to the Developer periodically during
the progress of the design, construction and
installation of the aforesaid facilities. In no
event shall the costs to be paid by the Village
exceed two-thirds (2/3) of the costs of said design,
installation and construction of the aforedescribed
water main.
(c) The Village hereby agrees that domestic and
fire protection facilities to be constructed within the
Development Parcel and approved pursuant to Subparagraph
10(b) hereof may be connected to the existing water system
of the Village at the locations identified in Subparagraph
(b) above at any time after April 1, 1982.
(d) The Developer shall install all necessary
facilities so as to provide sanitary sewer and water
service within the Development Parcel. The facilities so
installed shall, be dedicated to the Village, pursuant to
Paragraph 5 hereof, and shall be constructed in accordance
with the regirements of Paragraph 7 hereof.
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(e) Notwithstanding anything to the contrary
contained above, the Village shall at its cost immediately
acquire all land, easements or rights of way not located
within the Development Parcel which are necessary for
the construction, operation, use and maintenance of
the utility facilities described in subparagraphs (a) and
(b) above. Notwithstanding the foregoing, the Developer,
shall provide all necessary easements and rights of way
located within any parcel acquired by the Developer or
by the exercise, by the Village, of the powers of eminent
domain as set forth in Paragraph 8 hereof.
5. Dedications
The Developer shall dedicate free of cost to the
Village or such other public or quasi and public entity where
applicable, by plat of dedication, grant of easement or other means
of conveyance acceptable to the parties hereto:
(a) all easements, licences and rights-of-way within
the Development Parcel necessary for the construction of
the public improvements to be constructed pursuant to this
Agreement;
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(b) all conduits, channels, systems, structures,
facilities, pipes, mains and other equipment installed by
the Developer within the Development Parcel to provide
water, sewer, sewage and storm release service to the
Development;
(c) a non-exclusive easement area located within
twenty-five (25) feet of each side of the right-of-way (as
defined in Section 5.74-7 of the Zoning Ordinance, as
amended pursuant to this Agreement) of all main streets
located within the Development Parcel and within such
reasonable distance from the rights-of-way of other
streets within the Development Parcel to provide for the
construction, maintenance, operation, renewal, relocation
and removal of underground utility lines and conduits
necessary for.the Village, its agents and franchisees,
public and quasi -public entities, to provide or licence
utility service within the Development Parcel or to other
areas within the Village. The term "utility service" when
used in this subparagraph (c) shall mean, sewer, water,
water treatment, telephone, gas, electric, video and sound
transmission, energy and communication transmission and
all other services performed or licenced by the Village; and
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(d) a non-exclusive license to construct, maintain,
repair and remove all informational and safety control signs
and signalization within the above the areas designated in
subparagraph (c) above, provided such signs and signalization
shall conform to similiar signage located within the
Development Parcel so as not to have a detrimental effect
upon the appearance of the Development.
(e) No installation shall be made within the above
designated easement areas which would interfere with the
installation, operation and maintenance of the utility.
service to be located therein.
6. Roads and Highways
(a) External roads and highways:
(i) The Developer, at no cost to the
Village, but subject to reimbursement as provided in
Paragraph 19 hereof shall cause the construction of
such road, highway and traffic control improvements
to be located on that portion of Arlington Heights
Road which is contiguous to the Development Parcel as
are deemed necessary by the Highway Department of the
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County of Cook to service the Development. Village
agrees not to require any improvements to said
portion of Arlington Heights Road in excess of that
required by the County of Cook, nor to influence said
County to impose additional requirements with respect
thereto.
(ii) Except as provided in subparagraph (i)
above, and in Paragraph 8 herein, the Village, at its
sole expense, agrees to cause the construction of
such external road, highway and traffic control
improvements as are located within the corporate
limits of the Village and are necessary to provide
for efficient traffic control for the Development.
(iii) The Village and the Developer will
cooperate with each other and use their best efforts
to obtain from the state, county, township, federal
government and other governmental authorities,
financial and other forms of assistance which may be
necessary or appropriate in acquiring properties or
rights-of-way for and in completing the construction
of the external road and highway improvements.
Without limiting the generality of the foregoing,
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and subject to the latter provisions of this para-
graph, the Village will cooperate with governmental
authorities to provide special assessment or
other financing of portions of the external road
and highway improvements which are not within the
corporate limits of the Village; and
(iv) The Developer shall dedicate, free of
cost, to the Village or the appropriate governmental
authority, all properties and rights -of -ways which
are located within the Development Parcel and which
are necessary to complete external road and highway
improvements described above; provided, however, in
the event the dedication of any portion of the
Development Parcel adjoining any public street or
highway, the set back requirements for any portion of
the Development Parcel shall be measured, during the
term of this Agreement, from the boundaries of
streets or highways existing prior to such dedication.
(b) Internal roads:
(i) The Developer, at no cost to the
Village, shall construct any and all necessary
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internal roads. For the purposes of this Agreement,
"internal roads" shall be defined to mean those
vehicular rights-of-way located within the
Development Parcel;
(ii) The Developer shall dedicate all
of the internal roads to the Village which shall
accept such dedication, subject to the foregoing
provisions at any time as same is requested by the
Developer. The internal roads shall be constructed
to meet the standards set by the Village, provided a
surface course may be installed immediately. The
Village shall accept any such dedication. Subject to
the provisions of Paragraph 7 hereof, upon the
acceptance of any such dedication, the Village shall
pay any and all costs attributed to the maintenance,
repair and replacement of such internal roads;
provided, however, the Developer shall maintain all
such roads for a period of two (2) years from the
date of acceptance of same by the Village. It being
understood and agreed that the construction of such
roads, and the subsequent acceptance by the Village
may be accomplished in various phases.
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7. Public Improvements
(a) All Public Improvements required to be
constructed by the Developer pursuant to this Agreement
shall be installed in accordance with plans and
specifications which have been approved by the Village.
The term Public Improvements, when used in this Agreement
shall be deemed to mean all public improvements, including,
but not limited to, streets, curbs, gutters, water
conduits, sewer conduits, storm water systems, street
lights, and fire hydrants.
(b) Notwithstanding anything to the contrary
contained in any Village ordinance, until such time as a
building permit for a building to be located within the
Development Parcel, no security or bond shall be required
with respect to the construction of Public Improvement.
Prior to the issuance of any such building permit, the
Developer shall post security for the completion of the
Public Improvement in an amount equal to (i) one hundred
ten (110%) percent, of the cost of completion of such
Public Improvements as of the date of the issuance of any
such building permit plus, (ii) ten (10%) percent of the
cost of Public Improvements theretofore completed and
approved by the Village. The security to be given by
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the Developer may consist of a Letter of Credit or such
other similar security approved by the Village. The
amount of any such security shall be reduced periodically
upon the progress of construction of any such Public
Improvement as various stages are completed and approved
by the Village so that the security remaining shall be in
an amount equal to the amount required pursuant to
(i) and (ii) above. Notwithstanding anything to the
contrary hereinabove set forth, the Developer need not
post security to cover any cost to be paid or improvement
to be constructed by the Village pursuant to Paragraph 4
hereof.
(c) At such time as any Public Improvement installed
by the Developer is complete, the Developer shall maintain
same against defects for a period of two (2) years
commencing upon acceptance of such Public Improvement.
To secure the obligation of the Developer for such
maintenance, the Developer shall provide the Village with
a Maintenance Bond or such other security as is reasonably
acceptable to the Village. Notwithstanding anything to the
contrary hereinabove set forth, the improvements described
in subparagraph 4(b)(ii) hereof shall be maintained jointly
by the Developer and the Village during the subject two (2)
year period in the proportions set forth in said subparagraph,
and no security need be provided for such maintenance.
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8. Condemnation
The Village and the Developer acknowledge and agree that
it is in the best interest of the Project to obtain vehicular access
to the Development Parcel from Village street(s) located south of
the Development Parcel. The Developer agrees to use its best
efforts to acquire such real estate, at commercially reasonable
prices, necessary to provide such access.
In the event the Developer is unable to acquire such real
estate on or before June 1, 1982 for a price equal to the appraised
value of such real estate as determined by an independent fee
appraiser, which appraiser shall be subject to the reasonable
approval of the Village, the Village shall, pursuant to the powers
set forth in Chapter 24, Sections 11-61-1 et seq. Illinois Revised
Statutes (1979), acquire such real estate as designated by the
Developer by the exercise of its powers of eminent domain in
accord with the power granted to the Village under the Constitution
and the Statutes of the State of Illinois. It is agreed by and
between the parties hereto that notwithstanding the exercise of the
powers of eminent domain by the Village, the Developer shall pay
all costs of such proceedings including, but not limited to the
acquisition price as designated and determined to be just compen-
sation by a court of competent jurisdiction, together with court
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costs, appraisers' fees and attorneys' fees. The Village shall
take all necessary steps and diligently prosecute any such eminent
domain proceedings so as to obtain a prompt adjudication of just
compensation. The Developer shall, upon such acquisition, cause the
construction of a road on said real estate in accord with applicable
Village codes and ordinances.
9. Building Code Variations
(a) The Village agrees that for the term of this
Agreement, and any extension hereof, the Developer, or its
authorized representative, shall have the right to submit
any building materials, methods, systems of construction,
arrangements of materials or changes in building ordinances
to determine the adaptability or safety of such materials,
methods, systems, arrangements or building ordinances
for building purposes, or to establish the safety
qualifications of any substance for occupancy purposes.
The Developer or its authorized representative shall make
application in writing setting forth the merits claimed,
and the purposes desired, together with such laboratory
tests, and other supporting data and/or comparable and
appropriate sections of other recognized or established
standards or codes and building ordinances as the
applicant may wish to furnish.
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(b) Upon submittal by the Developer, or its
authorized representative, of the aforesaid application
for approval of new materials or methods or for changes
in the building ordinances, and the receipt by the
Building Commissioner of said application, the Building
Commissioner may, within thirty (30) days of receipt
thereof, recommend approval of the aforesaid application
for enactment and issuance of further amendments to the
building ordinance. Upon recommendation of the Building
Commissioner, the Board of Trustees may enact the
appropriate amendment to said building ordinance. Should
the Building Commissioner fail to recommend said amendments
to the Board of Trustees within said thirty (30) day
period, the Building Commissioner shall provide the
Developer, or its authorized representative, with reasons
for such refusal indicating any insufficient technical
date or comparability of use, which deficiency may be
remedied by the Developer or its authorized representative.
Upon remedy of such deficiency and resubmittal to the
Building Commissioner by the Developer or its authorized
representative, the Building Commissioner shall, within
thirty (30) days of receipt thereof, recommend approval of
the aforesaid application for enactment to the Board of
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Trustees as provided for above. Upon such recommendation,
the Board of Trustees may enact the appropriate amendment
to the Building Ordinance.
10. Building Permits
(a) The Village agrees to issue each building permit
for which Developer, its authorized representative or
successors in interest applies within thirty (30) days of
the date of a complete application and requisite plans for
such permit or to advise Developer within said thirty (30)
day period of objections to such issuance and the reasons
for such objection based upon Developer's failure to
comply with those provisions of the Village ordinances,
rules and regulations designated by Village so that
said permit may be issued. Village acknowledges that
Developer, its authorized representative or successors
in interest may apply for building permits to begin
construction of the Development as well as of model
structures and sales offices prior to the availability
of public sewage disposal, sewer, sanitary and water
facilities to serve such structures, and in such event,
Village agrees to issue such building permits if the
applications therefor otherwise comply with all applicable
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ordinances, rules and regulations, including the provisions
of this Agreement; provided, however, that no occupancy
permit for any structure, except sales offices and model
structures, shall be requested by the Developer or issued
by the Village until any of said structures are connected
to public sewer and water systems. Subject to the
requirements of any other governmental agency, the Village
agrees to permit.Developer to install septic tanks and
temporary sewage treatment and water facilities to serve
such structures, provided that the Developer agrees that
such temporary sewage treatment and water facilities shall
be removed and disconnected at such time as public sewer
and water systems become available and the structures are
connected thereto.
(b) Upon application by Developer at any time, the
Village shall issue authorization for excavation and for
the construction of Public Improvements in accordance
with approved plans for same.
(c) Provided a covenant is recorded against the
Development Parcel so authorizing the Village, the
Village agrees that no permit for the construction of any
improvements upon the Development Parcel shall be approved
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by the.Village, unless the plan and specifications for
same shall have been previously approved by the Managing
Agent of the Developer. The Developer hereby advises the
Village that for the purposes of this Paragraph 10(c)
Bennett & Kahnweiler Associates has been appointed Managing
Agent of the Developer and the Village agrees to recognize
such firm as Managing Agent until such time as contrary
written advice is received from the Developer. In any
mandamus or related litigation resulting from a refusal by
the Village to issue a building permit due solely to the
lack of approval of the Developer, the Developer shall
indemnify and hold the Village harmless from and against
all costs and expenses (including reasonable attorney's
fees) provided the Village shall first notify the Developer
of such litigation and the Developer does not waive the
right to such approval.
11. Occupancy Permits
(a) The Village shall grant temporary occupancy
permits in multi -tenant commercial buildings on a unit -by -
unit basis, provided that the unit to be occupied is
substantially completed and the construction of the entire
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structure has progressed so that the Village may make a
reasonable determination that said structure is sound and
safe.
(b) The Village shall issue occupancy permits within
ten (10) days of application therefor or issue a letter of
denial within said period of time, informing the Developer
or person applying for the same, specifically of the correc-
tions necessary as a condition to the issuance of an occupancy
permit and quoting the section of the code or ordinances
relied upon by the Village in its request for correction.
12. Energy and Communication
Notwithstanding anything herein contained to the contrary,
the Developer may, at its option, establish independent internal
communication and energy systems and facilities to serve the needs
of the Development subject to full compliance with any and all
federal and state statutes, regulations and ordinances which may
govern the construction or use of such systems.
-2g-
13. Alcoholic Beverages
Following the execution of this Agreement, and subject to
and without limiting or restricting the power and obligation
of the Village to protect the public health, safety and welfare
qualifications, regulations and restrictions for operations of
establishments serving, dispensing or selling alcoholic beverages,
(i) the Village shall allocate for issuance, or cause the appropriate
municipal official to allocate for issuance, to applicants for use
within the Development Parcel at least ten (10) licenses and permits
to sell, distribute and serve alcoholic beverages within the
Development Parcel, which licenses and permits shall be issued in a
manner consistent with the standards of the Village for the granting
of such licenses, on a basis which shall be non-discriminatory with
respect to applicants from the Development Parcel, and in at least
the number set forth above, and on terms not less favorable than the
numbers in which and the terms on which such licenses and permits
are issued to applicants in other areas of the Village; provided,
however, no such license shall be issued for the sale, off of the
premises, of any alcoholic beverage. The Village shall issue the
licenses or permits to applicant3 described above provided such
applicants shall have complied with and be qualified under all
applicable ordinances and statutes to hold an alcoholic beverage
license, and further provided, that no license shall be issued or be
-29-
valid for a period longer than that permitted under applicable
ordinances and statutes. Such alcoholic beverage licenses shall be
renewed by the Village or the appropriate municipal official in its
or his discretion, such discretion to be exercised in a manner
consistent with the standards of the Village and of such official of
the granting or removal of such licenses, if such applicants shall
comply with, and continue to be qualified to hold such licenses in
accordance with, all applicable ordinances and statutes. Nothing
herein shall be construed as granting to any person a vested right
to continue to receive and renew such alcoholic beverage license, if
applicant shall not meet the standards of the Village.
After execution of this Agreement without further public
hearing, the Village shall promptly adopt such amendments and
modifications to the Village ordinances regulating alcoholic
beverages as may be necessary or appropriate to permit the Village
to carry out the obligations set forth in this paragraph.
14. More Restrictive Requirements
(a) Except as otherwise provided herein, if, during
the term of this Agreement, any provisions of the Village
ordinances, codes or regulations in effect as of the
date hereof which may effect the zoning, subdivision,
-30-
development, construction of improvements, buildings or
appurtenances are amended or modified, or new ordinances,
codes or regulations are adopted, so as to impose more
restrictive requirements in the development, subdivision
or construction referred to therein, then such more
restrictive requirements shall not be effective as
applied to the Development Parcel unless such amendment,
modification, ordinance, code or regulation is agreed to
in writing by the Developer; provided, however, that the
intent and effect of this paragraph shall be to restrict
the modification of the ordinances of the Village as they
relate to the physical development of the Development
Parcel, but that this paragraph shall not limit the
reasonable exercise by the Village of its general police
powers as such police powers relate to residents of the
Development Parcel, other persons, and commerical and
industrial occupants of the Development Parcel, after
the Development Parcel or portions thereof have been
developed, nor shall the provisions of this Paragraph
prohibit any change in the building code of the Village,
or any change in any Village ordinance which is necessary
for the protection of public health and safety, provided
any such change in any Village ordinance shall not be
discriminatory in its effect upon the Development Parcel.
-31-
(b) During the term of this Agreement, the Village
shall not increase the fees and charges of the Village nor
the costs of any Village services with respect to the
Development Parcel unless any such increase effects the
entire Village and is not discriminatory against the
Devlopment Parcel. Notwithstanding the foregoing, the
Village agrees not to increase sewer and water tap -on and
connection fees with respect to the Development Parcel
during the term of this Agreement.
15. Less Restrictive Requirements
If, during the term of this Agreement, any existing,
amended, modified or new ordinances, codes or regulations affecting
the zoning, subdivision, development, construction of improvements,
buildings or appurtenances, or any other development of any kind
or character upon the Development Parcel or the use of buildings,
units or structures upon the Development Parcel, are amended or
modified, or a new ordinance, code or regulation is adopted so as to
impose less restrictive requirements on development, construction
upon, or use of properties within the Village generally, the benefit
of such less restrictive requirements shall inure to the benefit of
the Developer, and anything to the contrary herein notwithstanding,
the Developer may elect to proceed with the development of,
-32-
construction upon, or use of the Development Parcel upon the less
restrictive amendments or modifications applicable generally to all
properties within the Village.
16. Tollway
The Village and the Developer acknowledge that it is in
the best interest of the Village, and all of its residents and
those working within its corporate limits, that a full four-way
interchange be provided at the intersection of Arlington Heights
Road and the Illinois Northwest Tollway. The Village and the
Developer agree to cooperate and use their best efforts to cause
such interchange to be constructed by the State of Illinois at the
earliest possible time.
17. Subdivision
It is the intent of the Village and the Developer that the
Development be accomplished expeditiously'to provide a first-class
office park within the corporate limits of the Village. To achieve
such result, the Village agrees that all subdivision or resubdivisions
within the Development Parcel creating one new lot shall be deemed
to meet the requirements of Section 8.012 of the Subdivision Ordinance
-33-
and thus any such subdivision creating not more than one lot shall
be presented to the Village Board of the Village and disposed of
pursuant to said Section 8.012.
18. Revenue Bond Financing
(a) The Village agrees to use its corporate powers
to issue industrial and such other available revenue
bonds to finance the construction of portions of the
Development. It is acknowledged by the Developer and the
Village that the Development is attractive and desirous to
the Village and that such bonds will faciliate and
expedite the Development. No bond shall be issued by the
Village which.creates any liability either primary or
secondary on the part of the Village or creates or
constitutes a charge against the general credit of the
Village.
(b) All costs and expenses of any such bond issue,
including, but not limited to, preliminary study and
negotiation, feasibility study, attorney and other
professional fees, costs of issuance, registration, sale
and underwriting expenses shall be paid by the Developer
-3u-
or its successor in interest. No bond shall be issued by
the Village without full compliance with any applicable
law, statute or ordinance.
(c) The Village shall be entitled to receive a fee
for the issuance of such bonds in an amount not to exceed
one-half (1/2) of one (1%) percent of the amount of any
such bond to be paid at the time of issuance.
19. Signal Fees
The Developer shall pay a signal fee to the Village in the
amount of Fifty -Eight Thousand Fifty -Seven ($58,057.00) Dollars,
which sum shall be payable in five (5) equal annual installments of
Eleven Thousand Six Hundred Eleven and 40/100 ($11,611.40) Dollars
each. The first such installment shall be paid within thirty (30)
days after the issuance by the Village of a building permit for a
building to be constructed on the Development Parcel. Remaining
installments shall be made on the first through fourth anniversaries
of the first payment. Said fee shall be reduced by the amount of
expenditures made by or for the benefit of the Developer for
signalization installed at any place along Arlington Heights Road as
provided in Paragraph 6 (a) (i) hereof.
-35-
In the event said fee, or
any portion thereof is paid prior to the installation of any such
signalization, the Village shall apply the funds so paid toward
payment of the costs of any such signalizaiton.
20. Financial Aid and Assistance
The Village and the Developer shall cooperate fully in
seeking federal, state and county financial aid and assistance
including grants and assistance for planning, traffic control
and public transportation, and other aid and assistance available
required or useful without cost to the Village, for the construction,
development and maintenance of the Development Parcel.
21. Remedies including Disconnection
This Agreement shall be enforceable in any court of
competent jurisdiction by either the Village or the Developer, or
any successor or successors in title or interest in any manner
or assigns of the Developer (such successors and assigns of the
Developer are hereinafter collectively referred to as "Developer"
for the purposes of this paragraph 19). Enforcement may be
sought by an appropriate action at law or in equity to secure the
performance of the covenants, agreements, conditions and obligations
contained herein.
-36-
Under certain circumstances set forth in this paragraph 19
and in other paragraphs of this Agreement, the Developer and the
Village may each seek and in some instances, as more specifically
set forth in this paragraph 19, compel the disconnection of the
Development Parcel or portions thereof from the Village.
(a) The Village may, at its option, in an appropriate
judicial forum, seek the disconnection of the Development
Parcel as part or all of the relief requested against the
Developer or its successor or assigns as a result of a
material breach of the terms of this Agreement.
(b) The Developer may, at its option, in an
appropriate judicial forum, seek the disconnection of the
Development Parcel or a portion thereof as part or all of
the relief requested against the Village as a result of a
material breach of the terms of this Agreement. If a
court of competent jurisdiction should make such a
final determination of such a material breach, then the
Developer shall submit a petition to disconnect from the
Village and the Village, pursuant to such court order,
shall promptly disconnect such Development Parcel or
portion thereof as shall be affected by the court order.
-37-
the Village to
may compel thereof,
Coi The Developer t Facel, r or Portion
action if
the DeveloPmen requesting such
disconnect of a petition (30) days after
upon the filing within thirty
fail upon
gone the
should to annex an as Provided for
the Village Agreement
the adoption °f this
the ordinanO
Farcel and adopt
Annexation
this Agreement.
in Paragraphs 2 and 3 of
breach of this
t of a material t the Village or
In the even ree tha
eriod
(d) hereto ag of time
le
Agreement! the parties
have a sonabP prior
to
res
shall alleged breach
the DeVeloPer to correct such
after such
notice rovided for herein•
the seeking of any remedy P
t shall fall to
this Agreement arty or
t and the P
(ei
if any Party to hereunderr
obligations give
written
salt shall have B
perform any of its
such def Party+
and such
parties affected by to the defaultingdefault
default cure such
such e failed to of such
notice of shall hav the receipt
defaulting Party after
ble Promptness any and
all other
sons addition to eQuitY,
with res law or
It notice, then, in
able either in t shall have
defaul be avail default
affected by such
remedies that may such action as
the Party or Partyes obligate to taKe
on)
the right Cbut not the.
�38-
in its or their reasonable discretion and judgment shall
be necessary to cure such default, and the defaulting
party, in such event, hereby agrees to pay and reimburse
the party or parties affected by such default for all
reasonable costs and expenses incurred by it or them in
connection with action taken to cure such default.
(f) Each of the parties hereto, or their successors
in interest, or assigns, may by civil action, mandamus, or
other proceeding enforce each and all of the terms,
conditions and provisions hereof, provided, however, with
respect to the successors in interest and assigns of any
party hereto, the rights hereby granted shall relate only
to the extent of the interest(s) so transferred, conveyed
or assigned.
22. Benefit
This Agreement shall inure to the benefit of the Developer,
and its successors in any manner in title, and assigns, and shall be
binding upon the Village and the successor corporate authorities of
the Village and any successor municipality, and shall be binding
upon the Developer and its successors and assigns.
-39-
23. Term
(a) The term of this Agreement shall be for twenty
(20) years from the date of execution hereof. All
amendments to ordinances, codes, and regulations required
pursuant to this Agreement, unless otherwise provided,
shall remain in effect for not less than the term of this
Agreement.
(b) Any limitations in the Illinois Municipal
Code, or in the ordinances or regulations of the Village,
in conflict with the provisions of this Agreement shall
not be applicable, and as to all such provisions, the
Village hereby agrees to exercise its powers pursuant to
the provisions of said Article VII, Section 6 of the
Constitution of the State of Illinois. The Village
recognizes and agrees that the entry into this Agreement,
the annexation of the Annexation Parcel to the Village,
and the zoning of the Development Parcel pursuant to
paragraph 3 of this Agreement are upon the express
reliance by the Developer that the terms and provisions of
this Agreement shall be valid for the term provided
hereinabove, and that the Village will take no action
which will in any way be contrary to, or inconsistent
with, the terms and provisions of this Agreement.
-40-
(c) The Village hereby recognizes and agrees that
until the development of the Development Parcel the
Development Parcel may be utilized for agriculture uses.
24. Severability
In the event that any portion of this Agreement shall be
found to be invalid by any court of competent jurisdiction, such
finding of invalidity as to that portion shall not affect the
validity or enforceability of the balance of this Agreement.
25. General Provisions
(a) General Village Services. From and after the
annexation of the Annexation'Parcel to the Village, the
Village shall, from time to time, provide, on a basis
comparable to and not less favorable than that applicable
to other areas of the Village, all services for the
Developmet Parcel and the occupants and properties located
therein of the same kind, character and quality which are
at any such time provided for other areas of the Village.
(b) Exculpation. It is expressly agreed and
understood by and between the parties hereto, anything
herein to the contrary notwithstanding, that this
-41-
Agreement is executed by LaSalle National Bank, not
personally or individually, but solely as Trustee in the
exercise of the power and authority vested in it as
Trustee and all obligations and agreements are undertaken
solely as Trustee, and each and every one of them, made
and intended not as obligations and agreements of said
Trustee or for the purpose or with the intention of
binding said Trustee personally, and this Agreement is
executed and deliverd by, and shall be binding upon, said
Trustee not in its own right, but solely in the exercise
of the powers conferred upon it as such Trustee.
(e) Stop Orders. The Village shall not issue any
stop orders directing work stoppage on buildings or other
parts of any development phase of the Development without
first giving notice to the applicant for any such building
permit of the section of the code or ordinance allegedly
violated and allowing such applicant at least seven (7)
days to proceed to correct such violations as may exist,
or take such other corrective or appropriate action as may
be necessary. The provisions of this Section (c) shall
not apply to any situation which could result in immediate
danger or injury.
-42-
(d) Assignment and Waiver of Rights.
(i) It is agreed that as a part of, and in
connection with, any sale, conveyance or other
transfer of any land comprising the Development
Parcel, the Developer, or any other seller, grantor,
or other transferor (whether theretofore having
acquired the property so transferred from the
Developer or others) shall have the right to assign
and transfer all, or part of, such Developer's or
other seller's, grantor's or other transferor's
rights hereunder, expressly and specifically
enumerated and specified in the agreement, deed or
other instrument effecting such sale, conveyance or
other transfer; provided, that only to the extent, if
any, that the Developer or other sellers, grantors
or transferors shall expressly and specifically in
the agreement, deed or other instrument effecting
such sale, conveyance or other transfer, expressly
and specifically enumerate and specify the rights so
transferred and assigned, shall such rights be deemed
so assigned and transferred, and to the extent that
such rights are not expressly and specifically so
enumerated and so specified, such rights shall be
-43-
deemed retained by and remain in the Developer, and
such other sellers, grantors and transferors.
Nothing contained herein shall be interpreted as a
waiver of any rights of the Village to enforce the
terms of this Agreement.
(ii) Except as otherwise provided in this
Agreement, the Developer and the holder or holders
from time to time of right or rights described in
subsection (i) of this section (e) shall have the
right to waive, in whole or in part, any such right
or rights by written notice to the Village; provided
that if such right or rights shall be in or held by
more than one entity, then unless and until all of
the entities holding such right or rights join in
such waiver, such waiver shall be of no force or
effect.
(iii) the transferance of any rights arising
from this Agreement shall carry with them such
obligations and responsibilities as are herein
undertaken by the Developer to the extent that
such obligations and responsibilities apply to the
particular parcel or parcels conveyed and rights
-44-
transferred, and upon any such transfer, the
Developer shall be relieved of the obligations and
responsibilities applicable to the parcel or parcels
conveyed.
(e) Maintenance Responsibilities. The Developer
agrees to provide for the maintenance of all private
common open areas, including the lake/wet retention area,
which lake shall not be dedicated or conveyed to the
Village, and all landscaped areas located within any
dedicated right-of-way areas, or shall provide for the
maintenance and landscaping of same by establishing an
appropriate not-for-profit corporation or association.
The provisions of the charter or by-laws of any such
corporation or association as well as any recorded
covenants (as they relate to such maintenance and
landscaping and the means for providing funds therefor)
shall be submitted to the Village and the Village shall be
given the right to enforce such charters, by-laws or
covenants.
(f) Notice. Any notice or demand hereunder from any
party hereto to another party hereto shall be in writing
and shall be deemed duly served if mailed by prepaid
-45-
registered or certified mail, return receipt requested,
addressed as follows:
If to the Village:
Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Vil-lage, Illinois 60007
Attention: Village Manager
with copy to:
Samelson, Knickerbocker & Schirott
Suite 106
780 Lee Street
Des Plaines, Illinois
Attention: George Knickerbocker
If to the Developer:
LaSalle National Bank, as Trustee
under Trust Agreement No. 102000
135 South LaSalle Street
Chicago, Illinois 60690
with copy to:
and:
Bennett & Kahnwciler Associates
9700 West Bryn Mawr Avenue
Rosemont, Illinois 60018
Attention: Howard G. Krafsur
Marks Katz Randall
Weinberg & Blatt
Suite 1710
208 South LaSalle Street
Chicago, Illinois 60604
Attention: Benjamin J. Randall
or to such address as any party may from time to time
designate by notice to the other parties.
-46-
(g) Counterparts. This Agreement may be executed in
two or more counterparts, each of which, taken together,
shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly -authorized officers.
ATTEST:
ATTEST:
Vi lage Clerk /.
STATE OF ILLINOIS)
) SS
COUNTY OF C 0 0 K)
LASALLE NATIONAL BANK, as Trustee as
aforesaid u,� tirt ws.sa`
By:
s:
`4 N'.,i.
VILLAGE OF ELK GROVE VILLAGE
By:
esi nt ' --
I, , a Notary Public in
and for the said County, in the State aforesaid,HEREBY CERTIFY
that %.r .., :6 . nw as ��x President
and I as Secretary of
LA SALLE NAffONAL BANK, a national banking association, as Trustee
under Trust Agreement dated March 15, 1980, and known as Trust
No. 102000, who are personally known to me to be the same persons
whose names are subscribed to the foregoing instrument as such
_ J.'Lc' President and * •1,+=• A Secretary of said
Bank, respectively, appeared before me this day in person and
acknowledged that they signed and delivered the said instrument as
-47-
their own free and voluntary act and as the free and voluntary act
of said Bank for the uses and purposes therein set forth; and said
Secretary did then and there acknowledge that he, as
custodian of the corporate seal of said Bank did affix the corporate
seal of said Bank to said instrument as his own free and voluntary
act and as the free and voluntary act of said Bank, for the uses and
purposes therein set forth.
IVEN under my hand and notarial seal this day
of _^, 1981 .
Notarblic
STATE OF ILLINOIS)
COUNTY OF C 0 0 K)//^^
I, gon-s3% C. ('prjgY , a Notary Public
in and for said County, in the State aforesaid, DO HEREBY CERTIFY
that A� ZFZM(c , as President of the VILLAGE OF
ELK GROVE VILLAGE, an Ill nois muni ipal corporation located in Cook
County, Illinois and {���ao f as Village Clerk
of said Corporation, who are personar y known to me to be the same
persons whose names are subscribed to the foregoing instrument as
such President and Village Clerk of said Corporation, respectively,
appeared before me this day in person and acknowledged that they
signed and delivered the said instrument as their own free and
voluntary act and as the free and voluntary act of said Corporation,
for the uses and purposes therein set forth; and said Village Clerk
did then and there acknowledge that he, as custodian of the corporate
seal of said Corporation, did affix the corporate seal of said
Corporation to said instrument as his own free and voluntary act and
as the free and voluntary act of said Corporation, for the uses and
purposes therein set forth.
GIVEN under my hand and not ial seal this 4 day
of _ �� , 1981. "1
n
-48-
J<<z' I L
EXHIBIT "A"
?ART CS SECTION 15 AND 15, TO',-;-NS--j7? 41 NORTH, RANGE 11
_AS'= OF -_7 _BIRD PRINCIPAL I•IERIDI:.NI, DESCRIBED AS FOLLOWS:
A POINT 217.14 FDLT WEST 07 THE SOUTHEAST
CORNER C: _ ._ EST E� _ C_ THE .Si_, _ QU..c._E. OF SAID
SE -__:0N 15, THENCE WEST ON THE SOUTH LINE OF SAID SECTION
15, 11C8.31 FEET TO THE SOUTHWEST CORNIER OF SECTION 15;
_HENCE WEST ON THE SOUTH LINE OF SAID SECTION 16, 1276.33
FE..._ TO THE CENTER LINE OF ARLINGTON HEIGHTS ROAD; THENCE
P.CST ERL': 566.08 FEET ON THE CENTER LINE OF SAID ROAD,
=CR:•IING ANI ANiGLE WITH THE SOUTH LINE OF SAID SECTION 16
AFCRESA:D, OF 81 DEGREES 52 MINUTES 30 SECONDS FROM EAST TO
NORTH; THENCE EASTERLY 2337.66 FEET ON A STRAIGHT_ LIN£
FOR2?INO AN ANIGLE WITH LAS: MENTIONED LINE OF 98 DEGREES 24
MI`iUTES FROM SOUTH TO EAST; THENCE SOUTHERLY ON A LINE
FORMING AN A`IGLE WITH THS LAST i•iED1TZ0DI£D LINE OF 86 DEGREES
26 :•IINTUTES 30 SECONDS FROM WEST TO SOUTH, 559.02 FEET TO THE
POI`7 07 BEGINNING EXCEPT THEREFROM TE" T PART DESCRIBED AS
FOLLCIS: BEGINNING AT A POINT ON THE SCUTH LINE OF SAID
SECTION 15, SAID POINT BEING 217.14 FEET WEST_ OF AN IRON
DT?E IN THE SOUTHEAST CORNER OF T_HE WEST_ HALF OF THE SOUTHWEST
OU'R-_ZR 0- SAID SECTION 15, THENCE WEST 300.2 FEET ALONG THE
SOUTH L:N;E OF SAID SECTION 15 TO A POINT "A"; THENCE NORT_H-
WE-57-EZL_ 966.1 FEET ALONG AN ARC OF A CIRCULAR CURVE WITH A
R.=.DIUS 0- 11334.2 FEET AND A CENTER LOCATED SOUTHWESTERLY
FRCiI A POINT "A" ON A LINE WHICH M %E A LEFT DEFLECTION OF
52 DEGREES 14 MINUTES 38 SECCNDS WITH TEE LAST DESCRIBED
C'U=R =; THENCE NORTHWESTERLY 9.5 FEET ALONG A LINE TANGENT
TO THE LAST DESCRIBED ARC TO A POINT WHICH IS 6.2 FEET EAST
OF TE IiEST LINE OF SECTION 15 AND 563.3 FEET NORTH OF THE
SOU' LINE OF SAID SECTION 15, THENCE EAST 453.2 FEET ALONG
A LINE WHICH vl..KES A RIGHT DEFLECTION OF 147 DEGREES 25
MI?TUTES 30 SECONDS WITH THE LAST DESCRIBED COURSE; THENCE
SC( H3 ST=3LY 809.6 FEET ALONG AN ARC OF A CIRCULAR CURVE
WITH A R.DIUS OF 11584.2 FEET AND A CENTER COINCIDENT WITH
THE CZ=__ER OF THE LAST DESCRIBED COURSE; THENCE SOUTHERLY
77.5 F_._ 7_0 THE POINT OF BEGI�:NING, IN COOK COUNTY, ILLINOIS,
ALSO, D.. E? THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT A
PONT_ INyTHE SOUTH LINE OF SECTIOPI 15, SA:D POINT BEING
517.34 FEE- '47 -ST OF AN IRON PI=E IN THE SOUTHEAST CORNER OF
THE WEST _.:_= OF THE SOUTHWEST QUARTER OF SAID SECTION 15,
_r_Ti:CE ':=_HWES_ERLY 966.1 __ET ALONG AN ARC OF A CIRCULAR
C� ':'E 41ITH :. RADIUS OF 11334.2 FEET AND A CE?ITER LOCATED
SOOT =`;iEST3RLY FROM THE POINT O: BEGININI,TG IN A DIRECTION
1H:C :..:.:ES AN ANGLE OF 52 DEGREES 14 F?I::UTES 38 SECONDS
FRC:?l_C_ TO SCUTHWEST WIT? THE SOUTH LINE OF SAID SECTION
_ =E::C= ?iCRTH'riESTERLY 9.5 -_D. ALONG .. LI?:E TANGENT T_0
: Z _.:__ __SCR:_ED ARC TO A ?0:?;T i^] :C IS 6.2 FEET EEASTOF
_:`:E 0= SAID �ECTICN 15 .=.PTD 563.3 FFEETEET NC<TF OF
SAID S?CTIO_Q '__, T: E..__ h 91.4
A.7 :. __E WH -CH M:...ES A LE_ _ DE_ -.._:CN OF 32 DEC -EFS
_TCCiTDS W77= THE LAST DE3C_ D COURSE
98-.0 _=E_ 1I.LONG' ?. LIiIE S1 ICH iQ.y:
L:DIE WE.-CH. i,'.AKES A LEFT DEF_ .ECTi0N OF 34 DEGREES 58 i2INUTES
13 SEC .;DS PiITH LAST_ DESCRIBED COURSE TO THE POINT OF BEGiN-
NING :N CCOK CCUNTY, ILLINOIS, ALSO EXCEPT ALL THOSE ?ARTS OF
THE SOUTHWEST QUARTER OF SECTION 15 AND OF THE SOUTHEAST
OU-.R=R CF SECTION 16, TOWNSHIP ?1 NORTH, RANGE 11 EAST OF
?RID;CIPAL MERIDIAN, IN COOK. COUNTY, ILLINOIS
BOUNZED IND DESCRIBED AS FOLLONS; TO-4J7T; CCZA.7.1ENCING AT THE
SOUTHEAST CORNER OF THE WEST HALF OF THE SOUT H�iEST QUARTER
OF SAID SECTICN 15, THENCE WESTERLY ALONG THE SOUTH LINE OF
SAID SECTION 15, A DISTANCE OF 598.86 FEET TO A POINT IN
,-_ S01T7_HiESTERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED
TO7= IL7:NCIS STATE TOLL IGHW:_ COM..:SS:ODI FOR DRSIid.<.vE
EASE:?DIT, SAID POINT BEING THE POINT OF BEGIDIDIING OF THE
?ARCEL OF LAUD HEREBY CONVEYED; THENCE NCRT HWESTERLY ALONG A
"I`iE FORMING AN ANGLE OF 34 DEGREES 58 MINUTES 13 SECONDS TO
THE RIGHT WITH THE LAST DESCRIBED COURSE EXTENDED A DISTANCE
OF 984.00 FEET TO A POINT IN THE SOUTH LINE OF LOT 1 OF
AUGUST BUSSE'S DIVISION OF PARTS 0£ THE EAST H.:-.LF OF SAID
CECT:CII 16 DIST_ "IT 85.2 FEET WEST OF THE SOOT: EA ST CORNER OF
SAID LOT 1; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT
1 FCRDIIDIG ADI ANGLE OF 34 DEGREES 40 MINUTES 23 SECONDS TO
_a 7EFT WITH T._E LAST DESCRIBED COURSE, EXTENDED A DISTANCE
OF 152.1 FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN
ANGZ,: OF 147 DEGREES 08 MINUTES TO THE LEFT WIT: THE LAST
DESCRIBED COURSE EXTENDED, A DISTANCE OF 128.4 FEET TO A
POINT DISTANT 82.5 FEET SOUTHWESTERLY MEASURED AT RIGHT
ANGLES FROM THE NEXT TO THE LAST_ COURSE DESCRIBED AS BEING
984.0 FEET IN LENGTH; THENCE SOUTHEASTERLY PARALLEL WITH THE
SCUTH9iESTERLY LINE OF THAT CERTAIN TRACT_ LAND CONVEYED TO
THE iLLi`IOIS STATE TOLL HIGHWAY COMMISSION FOR DRAINAGE
BEING THE COURSE DESCRIBED AS :-:AViNG A LENGTH OF
984.0 FEET A DISTANCE OF 676.2 FEET; THENCE SOUTH EASTERLY
ALONG A LINE FORMING AN ANGLE OF 3 DEGREES 48 MINUTES 57
SECCNDS TO THE RIGHT WITH THE LAST DESCRIBED COURSE EXTENDED,
A DISTADICE OF 175.5 FEET TO THE SOUTH LINE OF SAID SECTION
15, _ _NCZ EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 15,
A D:STAiJCE OF 164.5 FEET TO THE POIIiT OF BEG DiD1IiQG, IN COON
COU`IT'_', ILLINCIS. ALSO EXCEPT THAT PART FALLING IN CLEARBROCK
IND STRIAE PARK SUBDIVISION (LYING NORTHEASTERLY OF THE
DIORTHEASTERL': LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY)
ACOO=DING TO THE PLAT THEREOF RECCRDED AUGUST 23, 1967
AS DCCUI-iENT 20238651, AND REG:ST-ERED AUGUST 23, 1967 AS
^CC:..._:;T 2343062 AND EXCEPT THAT PART 0- THE EAST HALF
OF _ECTiC?( 16, TOWNS- i? 41 NORTH, RANGE 11 EAST OF ..E
T:-RD ?R:i1I—.. MERIDIAN, IN COON COU?1TY, IL:i�10TS
v=BCR:EED nS FOLLC47S:COMMENCING AT THE SOUTH-1-.ST CORN-R
CF SAID STCT_ICN 16, THENCE WESTERLY ALONG THE SOUTH LIME
OF -._:) S_.__C`I 1, A DIST_.i:•!CE OF 12=5.9 __Z_ "_'O THE
- 2 -
PCI:!OF BEGIDIDIIDIG;THENCE CCNTINUING WESTERLY ALONG THE
SCUT: LII?E OF SAID SECTION 16, A DISTANCE OF 18.8 FEET TO A
POT:;- CN THE EST LINE OF ARLIDIGTON HEIGHTS ROAD RIGHT_ OF.
:! .c.IC_ NORTHERLY : ALONG S: -ID EAST RIGHT OF WAY LINE A
D:STA`;CE
OF 571.5 .-ET TO A POINT ON THE SOUTH LINE OF LCT 1
OF ACG:S SUSSE'S DIVISION OF PRTS SEI`?G A SUBDIVISION IN
OF SAID SECTION 16; THEN?CE E... _ERL'i ALONG THE
OF SAID LCT 1, A DIST:.DICE 0: 3 _5.3 TO A
?::.. _..E?;CE SOUTHWESTERLY :.LCD?C A LT_`iE FCRFIING AN .=.VGLE OF
3,1 MTITUTES TO THE RIGH: WITH T:- LAST DESCRIBED
A DISTANCE OF 278.4 _EZ_ TO A POI`IT, TEEDIC-
SOUT:.,E3_ERL': ..LCNG A LI`iE.FOR:3ID1G AN a::GLE OF 21 DEGREES =8
;•?:.. _Eo
TO THE _ _ OF THE LAST vE5C3I.ED r I`IE A
D'<5 ':.:;Cr_ OF 125.3 FEET TO A POINT; THENCE SOUTHi'iESTERL'i
^LVN:�. T" N I> OF 2O DEGREES 35 ?:I:dUTES 10
G A L1...-. _O.IC.a.,G .�j1 .. VLu
SECCNDS TO THE LEFT WITH THE -:.ST DESCRIBED LINE EXTE:'?DED, A
DISTA`;CE OF 333.7 FEET TO THE ?OINT OF BEGINNING CONTAINiidG
1.33 ACRES MORE OR LESS IN COOK COUNTY, ILLINOIS. ALSO,
EN:CEP_I??G
THEREFROM THAT ?AR_ THEREOF FILLING IN ARL_-vG N
..101
-:GETS ROAD IN COOK COUNTY, ILLI_NCiS.
o=.RC _ 2:
THE NCRTE _:.LF OF THE NORTHWEST_ OU?.ATEA OF THE 1•1ORT HWEST
QUARTER OF SECTION 22, TOWNSHIP 11 NORTH, RANGE 11 EAST OF
__ _ ._c, rslD?CI?AL i•?E'_DI: 1� (a .CE?T _ .:.T P.RT .;EINE DESCRIBED
AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH? LINE OF SAID
SEC_IC`! 22, SAID POINT SEI\?G 116.1 FEET WEST OF AN IRON PIPE
TEE
NOR—— CORNER OF NORTHWEST OU:=ER OF THE
NORTHIEST QUARTER OF SAID SECTION 22, TFENCE WEST ALONG THE
:TORTE LINE OF SAID SECTION 22, 101.2 FEET TO A POINT "A";
THENCE SOUTHEASTERLY 661.1 FEET _.LONG nN ARC OF A CIRCULAR
CURVE HAV IN:G A RADIUS OF 1133=.20 FEET AND A CENTER LtC .TED
FROM POINT "A" IN A DIRECTION MAKING A LEFT DEFLECTION OF 52
DEGREES 1- MINUTES 38 SECONDS WITH THE LAST DESCRIBED COURSE
TO A POINT_ ON THE EAST LINE OF THE NORTHWEST QUARTER OF THE
NCR -_=i -!EST CUARTER OF SAID SECTION 22; THENCE NORTH 326.3
FEET ALCNG SAID EAST LINE TO A POINT 96.3 FEET SOUTH OF THE
NORTHE:.ST CORNER OF THE NORT_HiEST QUARTER OF THE NORTHWEST
OUAR_ER CF SAID SECTION 22; THENCE NORTHWESTERLY 119.2 n ET
ALCD:G A CIRCULAR ARC OF A CURVE OF A RADIUS OF 11584.20 FEET
WITH ?. CENT=ER COINCIDENT WITH THE CENTER OF THE PREVIOUSLY
DESCRIEED C_RCULzR ARC TO THE POINT OF BEGINNING IN CCOK
:LLT:?OTS, ALSO EXCEPT THAT PART BEING DESCRIBED AS
LOLLCI�S: ._.E ID?NIDIG AT_ A ?OTDIT ON THE NORTH LINE OF SAID
SE. _ION? 22 SnID POT_NTEP.QG 5:7.3 FEET WEST_ OF ADI IRON PI?E
AT N.0 ST CORNIEROF THE NORTHWEST QUARTER OF THE
D:CR=H TEST CUARTZR OF SECTICN 22, THENCE SOUTH=:.ST_ERLY 661.1
FEET ?.LONG AN ARC OF A CIRCULAR CURVE 'r.AVING A RADIUS OF
13331.2 FEET AND A CENTER LOCATED FRom SAID POINT OF 3EGINDI1DIG
- 3 -
IN A D:RaC=ION M ICH Mane AN :ANGLE FROM WEST TO SOUTHWEST
OF 52 DEGREES 14 MINUTES 38 SECONDS WITH THE NORTH LINE OF
SEC'=ICN 22 TO A POINT ON THE EAST LINE OF THE NORTHWEST
QUAFF -ER OF THE NORTHWEST QUARTER OF SAID SECTION 22, SAID
POI`;•= 3EING 522.6 FEET SOUTH OF AN IRON PIPE IN THE NORTHEAST
COFNER CF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
S :D SECTION 22; THENICE SOUTH 92.1 FEET ALONG THE EAST LINE
0_ 7-=- NiOR= .TJEST QUARTER OF THE NORTHWEST QUARTER O: SAID
SEC_':=1 22; THENiCE NORTFV7ST_ERLY 810.3 FEET ALONG A LINE
I•IA: _:iG ._
RIGHT DEFLECTION OF 123 DEGREES 47 MINUTES 10
SECONDS WITH THE LAST DESCRIBED COURSE TO THE NORTH LINE OF
SI'D Sc __CNI 22; =ENICE =-AST 1_14_.3 FEE_ ALONG THE NORTH LINE
OF SE.ION 22 TO THE ?Oi?IT OF EEGiMDiIN;G) IN COO. COUNTY,
LL:NfC:S, I.LSO EXCE?TING ALL T LT PART OF THE NORTH HALF OF
THE:IOR=HTiEST QUARTER OF THE NICRTHS•JEST QUARTER OF S-CTIQN
22, I:SH7 41 NORTH, RANGE 11 :.ST_ OF THE THIRD ?R:iICI?AL
ECGN:ED AND DESCRIZED AS FOLLOWS, TO-WiT. cOl.I,IENC:NG
,:_ THE `!CA_ =_AST CORNER OF THE NORTHWEST OU?.RTER OF THE
CU..RTER OF SAID SECTION 22 T=E?iCE SOU _ RL': ALONG
.... :.`:.' G- T.._ DIORT :TIES=• QUARTER OF THr NORT ..EST_
OF SAID SECTION 22, L. DIST . ICE OF 511.7 FEET TO THE
^._ _EGINNING OF THE AAAA.-.. OF LAND HE'EY
.c...._ NCR_ .WES'iERLY ALONG A __. _ FORi'.i::G AN AiiGLE CF 123
..G.. =.L... 1/ .'L: __ 10 .CAG..-::D� - _-_ RI-._. FJITr_ T=._. L.%.ST
--TACE 7.._ENIDED, .. i__:.::cE OF 810.3 =_E_ TO A
:Ni _ NORTH rNIE OF S?:D SECTION 22 DISTIVT --31.6
__�Y_ T.ES=ERL'f OF THE NORT EAST -CRNER OF THE NORTHWEST
Qu::R=ER OF T._E ^:ORT HSIEST QUARTER OF SAID SECTION 22; T_H ENICE
FlES:ER f ALONG T.E NORTH LINE OF SAID SECTION 22, A DIST?NCE
OF 131.9 ';'ICA= OR LESS TO A POINT DISTANT 82.5 FEET
RED AT RICHT ANGLES FROM THE LAST DESCRIBED COURSE
NCR= Hi4ESTERLY; THENCE SOUTHEASTERLY PARALLEL WITH
THE :; ::T TO T _E LAST_ COURSE, DESCRIBED AS BEING 810.3 FEET
IN LENGTH A DIS^_ ANICE OF 915.9 FEET; THENCE SCUT_HEASTERLY
ALONIG A LIVE. FCRSIING AN ANGLE OF 2 ]DEGREES 26 MINUTES 21
SECC.DS TO -_'-E RIGHT WITH THE L:.ST DESCRIBED COURSE EXTENDED
A DISTANCE OF 69.5 FEET TO THE EAST LINE OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 22; THENCE
..LON:" THE EAST LINE OF THE NO. _ V,TE _ CU=. -.__,R OF
THE NIORTH S•i-_ST QUARTER OF SAID SECTION 22, A DISTANICE OF
109.8 FEET IQORE OR LESS TO THE POINT OF BEGINiNliNG, ALL IN COOT:
CCU`ITYI iLLINCiS, ALSO EXCEPT -NG THAT PART OF 7_HE \JORT H HALF
THE ._NIORT-WEST QUARTER OF THE NCRT.-WEST OU..RTER OF SAID
SECTION 22 Z NORTH ASTERLY OF THE NORTzST
. H�ERL7 RIGHT OF
WAY LITIE OF THE ILLINIOIS TOLL IGH'AA'f.
- 4 -
A ?ART OF TEE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 41
MCRTH, RANGE 11 EAST OF THE MfILRD PRINCIPAL MERIDIAN, DESCRIBED
AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID
SECTION 21; THENCE WEST ON THE NORTH LINE OF SAID SECTION,
1275.33 FEET TO THE CENTER OF ROAD; TY-ENCE SOUTHERLY 314.20
FEET ALCNG THE CENTER OF SAID ROAD FORMING AN ANGLE WITS THE
DIOR_H LINE OF SAID SECTION OF 98 DEGREES 07 MINUTES 30
SEC -1:0S =RCM EAST TO SOUTH TO ANGLE IN SAID ROAD; THENCE
CC:77IJiU-NG SOUTHERLY ALONG THE CENTER OF ROAD, DEFLECTING AN
A':IGLE OF 2 DEGREES 35 MINUTES TO THE RIGHT A DISTANCE OF
21=.5-' FEET; THENCE EASTERLY 1372.36 FEET ON A LINE FORMING.
Ay ANGLE WITH THE LAST MENTIONED LINE OF 86 DEGREES 29
MI`:J_ES FROM NORTH TO EAST TO A POINT IN THE EAST LINE OF
SAID SECTION 21, 640.2 FEET NORTH OF THE SOUTHEAST CORNER OF
THE IORTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
SAID SECTION 21; THENCE NORTH ON SAID EAST LINE 593.68 FEET
TO T:ii POINT_ OF BEGINNING IN COOK COUNTY, ILLINOIS.
P --=C=-
4 & 5:
A TR. -.CT OF LAND 'IN THE TOWN OF ELK GROVE DESCRIBED AS FOLLOWS:
CO::}SE?:C-NG AT A POST 10 CHAINS AND 11 LINKS NORTH OF THE
POST :.T THE BCU_ H EAST CORNER OF THE NORTHEAST QU.-.RT_ER OF
SEC_IC:I 21, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD
i::CiP=.L MERIDIAN AND RUNNING THENCE NORTH 19 CHAINS AND 87
L:NKS 7-0 A POST; THENCE NORTH 83 DEGREES WEST 24 CHAINS AND
52 Li?.` E TO.. POST; THENCE NORTH 84 DEGREES WEST 6 CH ?.INS
A:;D -2 1:.S+TO A POST; THENCE SOUTH 20 CHAIRS AND 12 LINKS
TO A PCET IN THE NORTH LINE OF C. LAMB'S LAUD; THENCE SOUTH
83-1/2 DEORZES -EAST 31 CHAINS AND 10 LINES TO THE PLACE OF
..ECi? iI:;C; 7=CEPT_ING THEREFROM ALL THAT PORTION OF THE ABOVE
D=E =._AFD _RAC_ OF LAND SITUATED WEST OF STATE ROAD CONTAINING
13.:33 :.yR=S AND ::ERETOFORE CONVEYED TO THE FOREST PRESERVE
--S77-27 OF CCOK COUNTY, ILLINOIS. !LSO TH= SOUTH HALF OF
.:0 i-_ ST O_U 3TEn OF T NORTHWEST OUT .. TER OF SECTION
-1 NORTH R..NGE 11 E. S1 Or 1 .D P. 1,'..!=:+L- :
-_ d _.4 CCCK COUNT',LL!..OIS.
- 5 -
--.RCE- 5:
THAT ?ART OF LOT 1 C- AUGUST BUSSE'S SUBDIVISION OF PARTS OF
_ T--T-_AST ALF OF SECiCN 16, TOWNSHIP -L1 NORTH, RANGE 11
_::5: OF _..D iRD ?3iJICi?.AL fdER:DIA21 IN COOK COUNTY, ILLINOIS
DESCR:BED AS FOLLOWS: BEG:NNITLIG .._ A POINT LYING ON THE
SOU:LINE OF T SA ID LOT 1 OF AUGUST BUSSE' S SURD I'."i SI^v?1
::.`ID 55.2 F=E_ WEST OF THE SOUTH E= CORNER OF THE SAID
LOT 1, T- E: " C 7- NORT-El iESTERLY 516.5 _--- E_ ALONG A LIiIE M I ? I G
A R:CHT DEFLECT --ON OF 32 DEGREES 52 MINUTES TO A POINT IN
'..EST L::IE OF TF -E EAST 522.33 _-__ OF T_HE SAID LOT 1,
SOUT _ AL0:1G _ S:.:D ;IES; LIND O
FEET, 272.52 FE -ET TO THE 1NT_ERSECTION WITH THE SOUTH LINE OF
T-.-7- S=.:D LCT 1, THENCE EAST ALONG THE SAID SOUTH LINE OF
LOT '- =37.13 TO THE PLACE OF BE07?,KING, IN Coo'
< COUNT?,
TT_L:-:IDIS EXCEPT ALL Tfi .T PART OF THE EAST 522.33 FEET OF
LOT 1 7\1 AUCUST BUSSE'S DIVISION OF PI.RTS OF THE EAST `ALF
CF S= :CN 16, :`ijNZ' IP 41 NCRT'HRANGE 11 EAST OF THIRD
?RIAiCi?AL f•1ER:D:AN, IN THE COUNTY OF CCOK, STATE OF ILLINOIS,
CCNDED
AND DESCRIBED AS FOLLOWS TO -WIT: COMMA NC:NG AT T
NORTHWEST CORNER OF THE EAST 522.33 FEET OF SAID LOT_ 1;
THENCE SOUTHERLY ALCNG THE WEST LINE OF THE EAST 522.33 FEET
OF SA:D LCT_ 1 A DISTANCE OF 188.4 FEET_ TO A POINT IN THE
SOUTHERLY LINE OF THE 250.0 FOOT WIDE RIGHT-OF-WAY OF THE
,iCRTHERN ILLINOIS TOLL FTGHl'Y, THENCE CONTINUING SOUTHERLY
-LONG _ .� L:.ST DESCRIBED COURSE EXTEIMED, A DISTANCE OF 59.1
ET TO A POINT IN TH. SOUTHWESTERLY LINE OF THAT CERTAIN
TRACT OF LAND COXiVEYED TO T_HE ILLINOIS STATE TOLL HIGHWAY
CC',::'7S-7GN 703 DR .WAGE EAS TENT SAID POINT BEING THE POINT
CF _E0:.1:rT:IG OFc _ PARCE- OF LAND HEREBY CONVE_:D; THZNCE
SCUTHEASiERL;i ALONG SAID SOUT_H'WESTERLY LINE OF THAT CERTAIN
TRACT OF LAND CONVEYED FOR DRAINAGE EASEMENT, PARALLEL WITH
SA D SCUTHi-iESTERLY RIG; :-OF-WAY LINE OF THE NORTHERN ILLINCIS
TOLL '-TGH:IAY A DISTADICE OF 516.5 FEET TO A POINT IN THE
SOUTH LI?iE OF SAID LOT_ 1 DISTANT_ 85.2 FEET_ WEST_ OF T
SOUTHEAST CORNER THEREOF; THENCE WESTERLY ALONG THE SOUTH
LINE OF SAID LCT 1, 70R:�iING ADi ANGLE CF i47 DEGREES CS
I•ila=ES TO THE RIGHT WIT'- T_HE LAST DESCRIBED COURSE ERTEN ED,
DIS OF 152.1 �ET TO A POiNl DISTANT 132.5 7EE
SOUTHWESTERLY NEASURED AT RIGHT ANGL'S, FROM SAID SOU':•:-:i]?STERLz
RivHT-0?-N/, LI_`:E OF THE NORTHERN ILLINOIS TOLL :�ICi:-s•/nY;
_ ._::CE?ICR= ',iE _=RLY PARALLEL WITH SAID SOUTHP7ESTERLY RIC.:i-
CF-NA_' L:?;E CF _ NO3TH Eu`i ILLINOIS TOLL HIGH -WAY A DiST:._iC'
CF 11.7 FEET TC THE WEST LINE OF THE _AST 522.33 .D__ OF
--.T_-� LCT 1; _ .-.fCE NOR-=ERL_ ALCNO T-'- WEST LIN OF THE:' _AST
522.33 FED_ OF SAID LCT 1 .. DIST?.:•ICEOF 97.35 ET TO THE
?C::iT of BELT?T-,1:PIG I`I COOK COUNTY, ILLINOIS ALSO EXCEPT THAT
CF THE EAST 522.33 FEET OF LCT 1 OF AUGUST BUSS -'S
:•i:S:C`I CF ?:.RLS 07 THE _::ST _ALF OF SECTION 16, TC;
C: 152 DEGR''S, CO i•1INUTES TO THE iivGT .diT3 T E
L..ST ��SC3.ncD LINE EXTENDED A DISTAM E OF 50.1 FEET TO A
?C:?iT C>f T.:- WEST LIME OF THEE?.ST 522.33 FEET C_ S:.iD LOT
1 _: _.. D NORTHERLY ALCNG THE WEST LIME OF T_ HE 522 . 33
FEET OF S=ID LOT 1 A DISTA'10E OF 27.8 FEET TO THE ?O --NT OF
3EGI?:I:?iG Ii`1 COOK COL'DITY, ILLiNO:S.
:iE_ A3EA = 110.14- ACRES
- 7 -
EXHIBIT "B"
PARCEL 1:
THAT PART OF LOT 11 LYING SOUTH OF THAT PART CONVEYED TO NORTHERN
ILLINOIS GAS COMPANY BY WARRANTY DEED RECORDED AS DOCUMENT; 17374100
IN OWNER'S SUBDIVISION OF THE WEST 15 RODS OF THE SOUTH EAST 1/4
AND THE EAST 46/80 (AS -MEASURED ON THE NORTH AND SOUTH LINES) OF
THE EAST 1/2 OF THE SOUTH WEST 1/4 OF SECTION 15, TOWNSHIP 41 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO THE NORTH EAST
1/4 OF THE NORTH WEST 1/4 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE
11 EAST OF THE THIRD PRINCIPAL MERIDIAN.
PARCEL 2:
EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 OVER
THE FOLLOWING DESCRIBED LAND:
THE EAST 28.25 FEET OF LOT 58 AND THE WEST 31.75 FEET OF LOT 59
IN HIGGINS ROAD COMMERCIAL SUBDIVISION UNIT NO. 3, BEING A SUB-
DIVISION IN THE WEST 1/2 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE
11 EAST OF THE THIRD PRINCIPAL MERIDIAN, BY EASEMENT AGREEMENT
DATED NOVEMBER 27, 1973 AND RECORDED APRIL 30, 1974 MADE BY
MALDEN CORPORATION, AN ILLINOIS CORPORATION AND LA SALLE
NATIONAL BANK, AS TRUSTEE UNDER TRUST NO. 45667 AND DOMINION
LIFE INSURANCE COMPANY, A CANADIAN CORPORATION, AS DOCUMENT
NUMBER 22701327, IN COOK COUNTY, ILLINOIS.
t3JR 186030/39b13
EXHIBIT "C"
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE VILLAGE OF ELK GROVE VILLAGE
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF ELK GROVE VILLAGE;
SECTION ONE: That article 5 of the zoning ordinance of
the Village of Elk Grove Village is hereby amended by,.adding thereto
section 5.74 which reads as follows:
Section 5.74-1; Office Park Conditional Use District.
An Office Park Development is of such substantially different
character from other developments within the Village of Elk Grove
Village so that specific and additional standards and exceptions are
hereby set out to govern such districts. An Office Park District is
defined to be a project comprehensively planned as an entity and
encompassing not less than 100 acres in area. Such a district
shall be permitted only on tracks of land not contiguous to a
residential use within the Village and which is abutting or contiguous
to a major or secondary thoroughfare as designated on the Village,
official plan, and must provide for sufficient utility services,
either in being or to be provided, including streets, sanitary
sewers, storm water and water source and transmission facilities to
adequately serve said district. The intent of this district is to
permit flexibility and creativity in design, as well as diversifi-
cation in the planning and location of structures for the develop-
ment of an office park within the Conditional Use District. The
Office Park Conditional Use District will promote the efficient use
of land to facilitate a more economic arrangement of buildings,
circulation systems and land use.
Section 5.74-2; Uses. All uses pres.ently permitted under
section 5.72 shall be permitted within the Office Park Conditional Use
District and, in addition thereto, the following uses shall also be
permitted: a) hotel and motel uses; b) uses accessory to the
development of a hotel or motel; c) all retail uses accessory to the
development of an office park development; d) recreational uses
providing for exercise and sports facilities; e) entertainment and
broadcasting facilities; f) establishments where liquor may be
served as an accessory use to a restaurant or office building; g)
Drive-in business facilities exclusive of drive-in restaurants;
h) heliports and public transporation facilities exclusive of
service and maintenance facilities; i) financial institutions;
j) convention and meeting facilities as an accessory use to
restaurant, hotel or office building; and k) child care facilities.
Section 5.74-3, Yard and BulkRegulations. The yard and
bulk regulations within the Office Park Conditional Use District
shall be the same as those governing the 0 & T Office & Transitional
District except as follows:
A) The maximum height of any building within such
Conditional District shall not exceed the greater of i) 25 stories,
or ii) 375 feet in height.
B) The minimum front yard set back shall be 50 feet;
except that the minimum front yard set back on major thoroughfares,
excluding interstate highways and limited access expressways, shall
be 100 feet.
C) More than one principal building shall be permitted on
any lot of record or any conforming lot; provided, however, that any
such lot containing more than one principal building shall contain
not less than 30,000 square feet of land area for each such building.
Section 5.74-4, Par i The parking regulations
applicable to the 0 & T Office and Transitional District shall
be applicable within the Conditional Use District except as follows:
A) The location of parking facilities shall be deemed
to comply with section 3.93A(3) so long as the closest parking
space servicing a building is within 200 feet of such building;
further, no portion of parking facilities shall be separated by
public street.
B) Parking requirements for a business or office use,
including accessory uses, shall be one space for each 250 square feet
of floor area.
C) The parking requirements for any hotel use in which
the public area encompasses less than 50% of the aggregate square
footage of the hotel shall be 1.3 parking spaces for each sleeping
room or suite. In any hotel in which the public area exceeds 50% of
the total square footage of the entire hotel then the parking
regulations applicable to the 0 & T Office and Transitional District
shall apply. The term "public area" when used in this section shall
mean all retail or commercial space, restaurant and liquor lounge
facilities, banquet halls, meeting rooms and conference areas.
D) Within the District, off street parking spaces shall
have the following designated areas: (i) not less than 60% of the
required parking spaces shall be provided for standard size american
automobiles providing•a space not smaller than a width of nine feet
and a length of eighteen feet; ii) the remainder of all parking
spaces shall not be smaller than a width of nine feet and a length
of sixteen feet.
Section 5.74-5; Loading. The provisions governing loading
within the 0 & T Office Transitional District shall apply except
that the requirements for off street loading shall be at least one
off street loading space for every one hundred thousand feet of
-2-
floor area within an office building. Each off street loading space
shall be not less than twelve feet in width and not less than sixty
feet in length.
Section 5.74-6; Si ns and Awnin s. The provisions of
Section 12.001 through 12. 10 of the municipal code of the Village of
Elk Grove shall apply within the Office Park Conditional Use District
except as follows:
A) Not more than three identification signs or name
signs identifying owner or occupant of a building not to exceed 45
square feet in area for each sign shall be permitted for all permitted
and special uses in the development parcel.
B) Wall signs shall be permitted provided the same do
not exceed three square feet for each lineal foot of building
frontage or extend above the facia or parapet line.
C) Signs identifying the office park and promotional
signs shall be permitted to be located at the ingress and/or egress
locations to said parcels and/or fronting on an interstate highway or
limited access expressway; provided, however, no such sign shall
exceed 350 square feet in area.
Section 5.74-7.. Subdivision Control. The provisions of
the Subdivision Control Ordinance of the Village of Elk Grove
Village, Chapter 8, of the Municipal Code of the Village of Elk
Grove Village shall govern the Office Park Conditional Use District
except as follows:
B) Maximum length requirements of cul-de-sacs shall
not apply; provided, however, adequate provisions shall be made for
safe and reasonable ingress and egress of fire protection services,
including but not limited to a separation of driving lanes.
C) Block requirements regarding minimum and maximum
lengths are eliminated provided, however, that appropriate ingress
and egress are provided for each development site so as not to
impair access to such sites by fire protection services.
-3-
A) The
minimum width of the right of way of a
street or
thoroughfare
shall be not less than the following:
i)
Main streets
- 60
feet, including medians and turn lanes with
25 feet
utility
easements
on each side of the right-of-way; (ii) All
other
streets
- 40 feet
measured between the lot lines of property
abutting the
right of
way with
adequate utility easements on each side of
the right-
of-way.
B) Maximum length requirements of cul-de-sacs shall
not apply; provided, however, adequate provisions shall be made for
safe and reasonable ingress and egress of fire protection services,
including but not limited to a separation of driving lanes.
C) Block requirements regarding minimum and maximum
lengths are eliminated provided, however, that appropriate ingress
and egress are provided for each development site so as not to
impair access to such sites by fire protection services.
-3-
D) Alleys and sidewalks are not required to be installed
within the Office Park Conditional Use District; provided, however,
a means of safe and reasonable pedestrian movement between buildings
and adjacent to major thoroughfares shall be provided as the office
district is constructed.
Section 5.74-8. Fire Lanes. Approved fire lanes will be
provided within 30 feet of each structure, the exact location and con-
figuration of which shall be approved by the fire chief.
-4-
- - - - - - - - - - - --------------------
EXHIBIT " D it
DESSOMP'nON CF ZzTNER F. .-ITIZS
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