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HomeMy WebLinkAboutRESOLUTION - 69-80 - 7/8/1980 - ANNEX AGRMT/GARLISCH/RISTOW RESOLUTION NO. 69-80 A RESOLUTION AUTHORIZING AND APPROVING A PRE-ANNEXATION AGREEMENT (GARLISCH) 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 Garlisch Equipment Sales , Inc. , and referred more specifically to and legally described therein, is hereby approved and the Village President and the Village Clerk are hereby authorized to execute same , and the Village Clerk is authorized to record same with the Recorder of Deeds of Cook County, Illinois . Section 2 : That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTES : AYES : 5 NAYS : 0 ABSENT: 1 PASSED this 8th day of July 1980 . APPROVED this 8th day of July , 1980 . APPROVED: C / Village Pres!� nt ATTEST: Village Clerk ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into on thLLLaite'hereinrFICE after set forth by and between the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "the VILLAGE") , by and through its President and Board of Trustees (hereinafter referred to collectively as "Corporate Authorities") , and FIRST NATIONAL BANK OF DES PLAINES , as Trustee under Trust No . 61021499 (hereinafter referred to as "the Contract Purchaser") and ROSELLE STATE BANK AND TRUST COMPANY, as Trustee. under Trust Number 1182 (hereinafter referred to as Title Owner) . W I T N E S S E T H : WHEREAS , FIRST NATIONAL BANK OF DES PLAINES , as Trustee under Trust No . 61021499 , being the Contract Purchaser of record of certain real estate, the legal description of which is set forth in Exhibit "A", attached hereto , made a part hereof and incorp- orated herein by reference (which real estate is located at 1260 East Higgins Road, in unincorporated Cook County) and which J real estate adjoins , abuts and is contiguous to corporate limits of the Village of Elk Grove Village, Illinois ; and, WHEREAS, the subject property constitutes territory which is contiguous to and may be annexed to the VILLAGE OF ELK GROVE VILLAGE, ILLINOIS, as provided in Article 7 of the Illinois Municipal Code (Illinois Revised Statutes , 1975 , Chapter 24) ; and, WHEREAS , the Contract Purchaser and Title Owner desire to have the subject property annexed to the Village of Elk Grove Village, Illinois, upon certain terms and conditions hereinafter set forth; and, WHEREAS , the Corporate Authorities , after due and careful 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 , 1975 , Chapter 24, Section 11-15 . 1-1, et seq . , a pro- posed annexation agreement in substance and form the same as this Agreement was submitted to the Corporate Authorities and a public hearing held thereon pursuant to notice, as provided by statute; and, WHEREAS, any fire protection district, or other entity or person entitled to notice prior to annexation of the subject property have been given notice as is required by law. NOW THEREFORE, in consideration of the premises and of the mutual convenants and agreements herein contained, IT IS HEREBY MUTUALLY AGREED by and between the undersigned as follows : 1. STATUTORY AUTHORITY. This Agreement is made pursuant to and in accordance with the provisions of Illinois Revised Statutes , 1975, Chapter 24, Section 11-15 . 1-1, et seq. 2. PETITION FOR ANNEXATION. The Contract Purchaser has filed with the Village Clerk a proper petition for the annexation of the subject property to the VILLAGE OF ELK GROVE , VILLAGE, ILLINOIS, conditioned upon the terms and provisions of the Agreement . The Contract Purchaser has paid all approp- riate fees and deposits . 3 . ANNEXATION ORDINANCE. The Corporate Authorities , upon the execution of this Agreement, shall enact an ordinance annexing the property shown on the Plat of Annexation attached hereto as "Exhibit B" made part hereof and incorporated herein by reference. 4. ZONING. The subject property, pursuant to Section 24 of the Zoning Ordinance of the Village, shall upon annexation be classified as B-3 , Business (Equipment Sales , Rental and Repair) . That there heretofore have been conducted such public hearings as are necessary to grant the zoning classifications provided above and that no further action need be taken by or 2 _ on behalf of Contract Purchaser to obtain B-3 zoning classific- ation 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 annexation ordinance is passed and approved by the Corporate Authorities . It is further understood that the 25 foot set back require- ment will be waived and a variation granted by the Village Board in conformance with the present location of the buildings on the premises . 5 . PAYMENT OF FUND. Upon annexation, the Contract Purchaser agrees to pay to the Village the sum of Five Hundred ($500. 00) Dollars ; said sum to be deposited in the Village ' s Traffic Signal and Municipal Purpose Fund. 6 . WATER. For the purpose of providing water to the subject property and the buildings located thereon, the Title Owner and Contract Purchaser shall do the following ; 1 . Connect to the existing Village water main and continue the water main from the East lot line across the front of the property with fire hydrants installed and pay such fees as required in Section 9 of this Agreement. 7 . SANITARY SEWER. The Contract Purchaser shall provide sanitary sewer service to the subject property, and the buildings thereon, by connection into the existing, Village sewer, and pay such fees as required in Section 9 of the Agreement . Prior to connecting into the existing Village sewer, the drains in the work shop area of the principal structure will be modified or changed to conform to the special items required for garages . 8 . ORDINANCE TO APPLY. The Village reserves the right to amend its Zoning and Subdivision Ordinance, its Building Code and other Ordinances affecting the subject property at any time as it may be reasonably necessary for the protection - 3 - 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 subject property. The Village agrees that it will not amend its zoning ordinance or other ordinances in such a manner as to prohibit the use of the subject property as contemplated by this agreement in the manner set forth in this agreement . In addition thereto : a. The two structures located on the premises are Type 3 construction, and are located approximately 30 feet apart, and the VILLAGE agrees to waive its Village Code require- ments to have the adjacent exterior walls constructed so as to have a teva hour fire resistance rating and any opening in these walls to be protected with three hour fire resistance rated approved opening protectives, in as much as the cost is prohibitive and the buildings are structurally sound and well maintained. Notwithstanding the provisions of this paragraph, it is agreed that should the structure be damaged by fire or any other cause to an extent in excess of fifty (50) percent of the physical value of the structure before the damage was incurred, then any new construction or reconstruction shall comply with all Village Code requirements . b. Upon annexation of said property, the Village agrees that absent any change in the existing conditions , subject property shall be deemed in substantial compliance with appli- cable Village Codes and with the Zoning Ordinance, subject only to those items , hereinafter set forth which shall be brought to conformance by the Contract Purchaser with the Village Codes within 30 days after the date of Annexation, except as otherwise set forth at that particular item: 1. All combustible storage to be moved at least 15 ft. from any building. - 4 - 2 . Provide address numbers on front of structure. 3 . Additional means of egress door to be installed in northeast corner of accessory structure, one year after Annexation. 4. Additional means of egress door to be installed in northeast corner of principle structure, one year after Annexation. 5 . The southwest egress door in the accessory structure and the southwest shop door of the principle structure shall be reversed so as to swing in the direction of exit travel , one year after Annexation. 6 . All egress doors shall be openable from the inner side without the use of keys . 7 . All exposed combustible structural members shall be drywalled in both structures . 8 . All storage shall be at least 24" from ceilings . 9. No Smoking signs shall be posted in the shop area of the principle structure and the storage areas of the accessory structure. 10. All combustible material shall be cleared from furnace area located in mezzanine of the principle structure. 11 . All debris shall be cleared from area surrounding the electrical panel. 12. Identify all electrical circuits . 13 . All unused openings in electrical panel shall be capped. 14. All exposed wiring should be covered. 15 . Emergency lights to be installed in principle structure. 16 . Exit light to be installed in both structures . 17 . Above ground gravity feed tank for kerosene shall be eliminated or brought into conformance with Village Code requirements upon Annexation. 18 . Portable fire extinguishers shall be checked. 19. One A.B .C . extinguisher shall be mounted in the south work shop near the front of the building. 20. Fire alarm control panel shall be identified. 21 . Fire alarm and smoke detector system to be cleaned and checked. C) Z%rCk 22. A .g=a=d rail shall be installed around perimeter of mezzanine. 23 . Engineer' s statement on 3-ton hoist-in work shop area is required. 24. Sidewalk shall be placed at front of property along Higgins Road within one year after Annexation. - 5 - C . The Village agrees to grant a variation of the Sign Ordin- ance of the Village to permit two signs presently located on the roof to remain. At such time that the signs are removed, replaced, or require substantive maintenance, the signs must conform to existing Village Code Requirements . 9. PERMIT FEES . The Village agrees to charge the Td=d; e=uglk< aa3 Contract Purchaser such building fees , utility connection fees , tap-on charges 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. 10 . EFFECTIVE TERM. This Agreement shall be effective from the date of its execution for a term of 10 years . 11. BINDING EFFECT. This Agreement shall bind heirs and suc- cessors and assigns of the Contract Purchaser, the Title Owner, the Village, its Corporate Authorities , successors in office, and be enforceable by Order of Court pursuant to the provisions of the statutes made and provided. Nothing herein shall in any way prevent alienation of sale of the subject property to the provisions hereof and of the Zoning Ordinance of the Village of Elk Grove Village and the new Owner shall be both benefited and bound by the conditions and restriction herein and therein expressed. 12 . APPROVAL OF SUBDIVISION PLAN AND OTHER ACTION BY THE VILLAGE . Subsequent to the annexation of the subject property as aforesaid, the VILLAGE shall approve, accept and record a Final Plat of Sub- division of the subject property provided that such Plat and all other documents required pursuant to the Village' s Subdivision Control Ordinance have been prepared by the Owners and approved by the VILLAGE in compliance with the Village' s Subdivision Control Ordinance. Said Plat shall be substantially in accordance with the preliminary Plat attached hereto as "Exhibit C" made a part hereof and incorporated herein by reference. 13 . SEPARABILITY. It is understood that in the event any pro- visions of this Agreement shall be deemed invalid, then the invalidity of said provisions shall not effect the validity of any other provisions hereof. 6 - 14. NOTICE . All notices and demands shall be sent by certified or registered mail to the Contract Purchaser , c/o GARLISCH EQUIPMENT SALES , INC . , 1260 Higgins Road, Elk Grove Village, Illinois 60007 , and to the Title Owner, c/o ELLIOTT, CARRANE, FRIEFELD & URUBA, 33 N. LaSalle Street, Chicago , Illinois 60602, Attention: Mr. Robert A. Carrane . 15 . OTHER AGREEMENT. The provisions of this Agreement shall not modify, amend, change, alter, cancel , abrogate or terminate any of the provisions of the Agreement to Abrogate Easement dated February 1, 1980, by and between GARLISCH EQUIPMENT SALES, INC. , ROSELLE STATE BANK AND TRUST COMPANY, not personally but as Trustee under Trust Number 1182 , FIRST NATIONAL BANK OF DES PLAINES , not personally but as Trustee under Trust Number 61021499 , and LASALLE NATIONAL BANK, not personally but as Trustee under Trust Number 101438 , and WILLIAM A. ALTER, as Guarantor, or the responsibilities of the parties and guarantor thereunder; provided however, that said Agreement shall not affect any of the provisions of this Annexation Agreement or the enforcement by the Village of its applicable Codes, Regulations and Ordinances . IN WITNESS WHEREOF, the Parties hereto have set their z hands and seals this fel day of 1980 , the same � wr being done after public hearing, noti e and statutory require- C cn = w n ments having been fulfilled. ?? ; FIRST NATIONAL BANK OF DES ROSELLE STATE BANK AND TRUST PLAINES , as Trustee under COMPANY, as Trustee under Trust Trust Agreement Number Number 1182 , Title Owner . 61021499 , Contract Purchaser. , �? � x.118?-- B '. C - B A32I5T'."NT TrXST. 01"1 iC : ATTEST: VILLAGE OF ELK GROVE V LAGE , iiliage Cierk Vi age' Presz ent 7 - `/ H U NC, 2 U Z FIRST NATIONAL BANK OF DES PLAINES Land Trust U/A/D - 7C It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstandinq , that each and all of the warranties , indemnities , representations , covenants , undertakings and agreements herein made on the part of the Trustee while in form purporting to be the warranties , indemnities , repre- sentations , covenants , undertakings and agreements of said Trustee are nevertheless each and every one of them, made and intended not as personal warranties , indemnities , representations ,' covenants , undertakings and agreements by the Trustee or for the purpcse or with the intention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically described herein, and this instrument is executed and delivered by said Trustee not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against First National Bank of Des Plaines or anv of the benefici- aries under said Trust Agreement, on account of this instrument or on account of any warranty, indemnity, representation, covenant , undertaking or agreement of the said Trustee in this instrument contained, either expressed or implied, all such personal liability, if any, being expressly waived and released. FIRST NATIONAL BANK OF DES PLAINES BY: A�MSTANT TPUST OFFICER Attest: Dated: Tile Pact 189 . 0 feet of the West 878 . 0 feet ( as meaoured along a line (lrawn parallel with the North line of the Pont)' cast quarter of Scction 22 , Townehip ail North , Rnnt;o 11 rant of the Third FrinCipal hloridian) of that pnrt of the 1'JeE3t half of the rni(I South snot quartos lying Ilortherly oftho Northerly lino of tho 1)"M is h if;hwny known ar3 IIiggi-no Road nr3 catabl iahe(I by condemna- tion in Cnno 68 T, 13109 and lying South or n lino drawn 1171 , 0 of nod Itn3•n1101• wli.h 1:11x) North 1. 1no of rtnl(1 Hoath East qunrter in rlk Grovo Township, in Cook County , Il.1inoir3 - This instrument is executed by ROSELLE STATE BANK AND TRUST COMPANY, not personally but solely as Trustee,_as aforesaid. All 1.hn eo!•enents and cemdihons to be Performed here:!n �r .._., rL era undertaken by it selaly ns Truc:ec,a- . ..d ret indivially, and no prrscn:a ;i,bU iit s. rt�d or Ce ef,duice. able agsinst said 6sn :;y r:..'son�of any of the cove. narts, stateriants, or representations contained in thus instrument.