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HomeMy WebLinkAboutRESOLUTION - 56-81 - 9/29/1981 - ANNEX AGRMT/TRI COMMUNITY BAPTIST CHURCH RESOLUTION N0. 56-81 A RESOLUTION AUTHORIZING A PRE-ANNEXATION AGREEMENT (TRI-COMMUNITY) NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees of the Village of Elk Grove Village, Illi- nois, Counties of Cook and DuPage, as follows: Section 1 . That the Pre-Annexation Agreement, a copy of which is attached, relating to the annexation of property known as the Tri-Community Baptist Church property and re- ferred more specifically therein is hereby approved and the Village President and the Village Clerk are 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. PASSED this 29th day of September 1981 . APPROVED this 29th day of September 1981 . VOTES : AYES: 6 NAYS : 0 ABSENT: 0 *Vill*Pr ATTEST: Village Clerk ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 29th day of September 1981, by and between the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation organized and existing under and by virture 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 NORTH AMERICAN BAPTISTS, Inc . and TRI-COMMUNITY BAPTIST CHURCH (hereinafter referred to as "the OWNER" ) , WITNESSETH: WHEREAS, NORTH AMERICAN BAPTISTS, INC. is the owner of record of certain real estate, the legal description of which is set forth on Exhibit "A" , attached hereto, (hereafter referred to as "the subject property" ) consisting of approxi- mately 2 . 54 acres which is contiguous to corporate limits of the VILLAGE OF ELK GROVE Village, Illinois; and WHEREAS, NORTH AMERICAN BAPTISTS, INC. have an agreement with TRI-COMMUNITY BAPTIST CHURCH for the transfer of the property; 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 i2- WHEREAS, the Corporate Authorities, after due and care- ful consideration, 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 seg. , this Annexation Agreement was submitted to the Corporation Author- ities and a public hearing held thereon pursuant to notice, as provided by statue; and WHEREAS, any fire protection district, library district or other entity or person entitled to notice prior to annexa- tion 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 pur- suant to and in accordance with the provisions of Illinois Revised Statutes, 1979, Chapter 24, Section 11-15 . 1-1, et seg. 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, Illi- nois, conditioned upon the terms and provisions of this Agreement. The OWNER has paid all appropriate fees and deposits . -3- 3 . ANNEXATION ORDINANCE . The Corporate Authorities, upon the execution of this Agrement, shall enact an ordinance annexing the subject property to the VILLAGE. 4. ZONING. Immediately after the passage of the ordinance annexing the sujbect property, the Village shall : A. Classify the . subject property, pursuant to Section 2 . 4 of the Zoning Ordinance of the VILLAGE, automati- cally as R-3 Residential district, which is the zoning clas- sification ascribed to the subject property upon the official map of the VILLAGE . It is understood and agreed that no petition or public hearing or other action need be taken by or on behalf of OWNERS to obtain said R-3 zoning classifica- tion, once the subject property is annexed to the VILLAGE. It is further understood and agreed that the effective date of said annexation shall be the date upon which the annexa- tion ordinance is passed and approved by the Corporate Au- thorities . B. Issue a special use permit for the subject property so it may be used for a church and related purposes. C. 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 . WAIVER OF DEDICATION. In recognition of the chari- table use of the subject property planned by the OWNER for church purposes, the VILLAGE hereby waives the dedication requirement of 10% of the land. 6. APPROVAL OF ANNEXATION 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 Annexation of the subject property -4- prepared by the OWNER in compliance with the VILLAGE' s An- nexation Requirements 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 . 7 . WATER. For the purpose of providing water to the subject property and the buildings to be located thereon, the OWNER shall extend the main on the north side of Nerge Road to the west end of the property. 8. SANITARY SEWER. The OWNER shall provide sanitary sewer service to the subject property, and the builing to be constructed thereon. the OWNER shall extend the sanitary sewer on the north side of Nerge Road to the west end of the property. 9 . SIDEWALK. The OWNER will extend the paved sidewalk along the north side of Nerge Road to the west end of the property. 10. DEVELOPMENT IN GENERAL COMFORMITY 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 New Horizons, Inc . dated July 29 1 1981, a copy of which is 'attached as Exhibit C, except as necessarily modified to solve engineer- ing, 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 . DRAINAGE EASEMENTS . The OWNER agrees to grant to the VILLAGE drainage easements ten ( 10) feet wide along the North, East and South edges of the property for drainage, utilities and CATV lines. -5- 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 protection of the public health, welfare and safety, by general Ordinance 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 execution 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 the increased cost to the Village of providing such services. 13 . PERMIT FEES. In recognition of the charitable use of the subject property planned by the OWNER for church purposes, the VILLAGE agrees to waive charging such building fees, sewer connection fees, tap-on charge and inspection 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, except for out-of-pocket ex- penses incurred by the Village . The water connection fee will not be waived. _6_ 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. is . BINDING EFFECT. This Agreement shall bind heirs and successors and assignees of the OWNER, the VILLAGE, its Corporate Authorities, successors in office, and be enforce- able 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 provi- sions 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. The OWNER shall be required to provide the VILLAGE with security for the installation of all public improvements to be publicly owned and maintained, such security to be as follows : ( 1) The OWNER must provide the VILLAGE with an irrevocable letter of guarantee from a banking or sav- ings and loan institution organized to do business in the State of Illinois, which letter of credit or guaran- tee shall be in the amount equal to One Hundred Ten ( 110%) percent of the estimated costs of all public improvements. (2 ) The Village will permit the amount in any letter of credit or guarantee to be reduced from time to time provided: ( a) The Village Engineer has approved those improvements that are completed and for which a reduction is being requested, and -7- (b) The remaining amount of the letter of credit is sufficient to cover the cost of complet- ing the public improvements not yet completed or approved plus an amount equal to ten ( 100/01) percent of the completed improvements, which latter amount shall be for the purpose of interim maintenance of approved improvements until such time as all work is approved and accepted by the Village. At the time all public improvements are installed and approved by the Village Engineer, the owner shall cause a Bill of Sale, one set of mylar as-built engineering plans, and a two-year maintenance bond to be issued to the Village prior to the formal acceptance of same by the President and Board of Trustees for permanent maintenance by the Village. B) PAYMENT TO FUND. In recognition of the chari- table use of the subject property planned by the OWNER for church purposes, the VILLAGE hereby waives the payment of the OWNER to the VILLAGE ' s Traffic Signal-Municipal Purposes Fund. C) LANDSCAPING AND SCREENING. The OWNER agrees to prepare and submit a detailed landscaping and screening plan for the area along the north and east sides of the subject property which adjoin the single family residences. 17 . 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. 18. NERGE ROAD RIGHT-OF-WAY. The OWNER shall provide a 50 foot 4ride dedicated right-of-way along the north side of Nerge Road. 19 . STORM WATER DETENTION. The OWNER shall provide on-site storm water detention. -8- IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 29th day of September 1981, the same being done after public hearing, notice and statutory requirements having been fulfilled. Tri-Community Baptist Church yf'�ccl��C.G�c��2uc� VILLAG ELK O LA BY: � -- ATTEST: illage Clerk it _g_ Exhibit ''A" LEGAL DESCRIPTION NORTH AMERICAN BAPTISTS, INC. The east 165.875 feet of the east 331 .75 feet of the south half of the southwest quarter of the northeast quarter of Section 35, Township 41 north, Range 10, east of the Third Principal Meridian, all in Cook County, Illinois. also All that part of Nerge Road lying southerly of and adjacent to the above described property.