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HomeMy WebLinkAboutRESOLUTION - 98-80 - 10/14/1980 - PRE ANNEX AGRMT/SEMAR PROPERTY RESOLUTION NO. 98-80 A RESOLUTION APPROVING AND AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A PRE-ANNEXATION AGREEMENT (SEMAR) WHEREAS , the Board of Trustees of the Village of Elk Grove Village at a public hearing duly called and held according to law considered the question of the annexation of certain property contiguous to the Village pursuant to an Annexation Agreement, a copy of which is attached hereto; and WHEREAS , the President and Board of Trustees after having considered the findings of the Planning Commission, the recommendations of the Village Staff and as a result of the findings of its public hearing previously held, find and believe it to be in the best interest of the Village that said Pre-annexation Agreement be approved; NOW, THEREFORE, 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, relating to the annexation of property located adjacent to the intersection of Beisner Road and Biesterfield Road and referred more specifically to and legally described therein, is hereby approved, and the Village President and Village Clerk are hereby authorized to execute same and the Village Clerk is authorized to record same with the Recorder of Deeds of Cook County, Illinois. Section 2 : That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTES : AYES : 6 NAYS : 0 ABSENT: 0 APPROVED: Charles J. Zettekl Village President ATTEST: Fay M. Bishop I Village Clerk PASSED this 14th day of October 1980. APPROVED this 14th day of October 1980 . - 2 - 5-f rV.0 ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this day of , 1950, by and between THE VILLAGE OF ELK GROVE VILLAGE, a municipal corporation, organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "the Village"), by and through its President and Board of Trustees (hereinafter referred to collectively as "The Corporate Authorities"), and TRINITY EVANGELICAL DIVINITY SCHOOL and TRINITY COLLEGE, as co-trustees of the Martha Duvall Z.ender Charitable Remainder Annuity Trust; FIRST NATIONAL BANK OF MOUNT PROSPECT, not individual- ly but as Trustee under its Trust Agreement No. LT-1524 dated January 28, 1980, W. J. TAYLOR and HAZEL TAYLOR (all of the foregoing being hereinafter referred to collectively as "The Owners") and PHILLIP R. SENIAR, LARRY McKONE (individually and doing business as McKone Builders), HERMAN J. SEMAR and SEMAR HOD1E BUILDERS, INC., an Illinois corporation (all of the foregoing being hereinafter referred to collectively as "the Beneficiaries and Contract Purchasers"); ExculpatorY clause attached hereto and are made a par hereof WITNESSETH : WHEREAS, each of the Owners is the record owner of a part of, and collectively said Owners are the owners of record of all of, that certain real estate, the legal description of which is set forth on Exhibit "A" attached hereto, made a part hereof and incorporated herein by reference (hereinafter referred to as "the Subject Property"), which said Subject Property consists of approximately 10.4 acres contiguous to the corporate limits of the Village; and WHEREAS, the Beneficiaries and Contract Purchasers collectively either are the beneficiaries of the aforesaid land trust of which the Bank of Mount Prospect is the Trustee and/or the contract purchasers of all of the remainder of the Subject Property; and P'HERFAS, the Subject Property constitutes territory which is contip,uous to incl may be annexed to the Village as provided in Article 7 of the Illinois Municipal Code (fit. Rev. Stats., 1979, Chap. 24); and C('HEREAS, the Owners and the Beneficiaries and Contract Purchasers desire to have the Subject Property annexed to the Village upon certain terms and conditions hereinafter set forth; and %','HEREAS, 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 and enable the Village to control the development of the area and serve the best interests of the Village; and WHEREAS, pursuant to the provisions of Illinois Revised Statutes, 1979, Chap. 24, Sec. 11-15.1-1, et seq., a proposed Annexation Agreement in substance and form 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 any othZr entity or person entitled to notice prior to annexation of the Subject Property have been given notice as required by law; NOV', THEREFORF, in consideration of the premises and of the mutual covenants and conditions herein contained, it is hereby mutually agreed by and between the parties as follows: 1. STATUTORY AUTHORITY. This Agreement is made pursuant to and in accordance with the provisions of Illinois Revised Statutes, 1979, Chapter 24, Section 11-15.1-1, et seq. 2. PETITION FOR ANNEXATION. The Owner and the Beneficiaries and Contract Purchasers have filed with the Village Clerk a proper petition for the annexation of the Subject Property to the village, conditioned upon the terms and provisions of this Agreement, and have paid all appropriate fees and deposits, unless otherwise provided herein. 3. ANNEXATION ORDINANCE. The Corporate Authorities, upon the execution of this Agreement, shall enact an ordinance annexing the property -2- shn'.vn on the Plat of Annexation attached hereto as F.rhibit "IP' made a part I ereof and incorporated hereby by reference. 4. ZONING PER OFFICIAL MAP. The Subject Property, pursuant to Section 2.4 of the Zoning Ordinance of the Village, shall, upon annexation, be classified as O-T Office Transitional under said Ordinance. There have hereto- fore been conducted such public hearings as are necessary to grant the zoning classification provided above and no further action need be taken by or on behalf of the Owners and Beneficiaries and Contract Purchasers to obtain said O-T zoning classification once the Subject Property is annexed to the Village. The corporate authorities shall also make such amendments, modifications or changes as may be required in the official Comprehensive Plan of the Village to accommodate the land use by the Plan hereinafter described in Paragraph 13 hereof (hereinafter referred to as the PLAN"). It is further understood and agreeed that the effective date of said annexation shall b`e the date upon which the Annexation Ordinance is passed and approved by the Corporate Authorities. 5. PAYMENT OF FUND. The Owners and the Beneficiaries and Contract Purchasers agree to pay the Village the sum of $5,200 for use in connection with the Village's Traffic Signal-Municipal Purpose Fund. Said sum sha11 be paid as follows: one-third (1/3) upon annexation and the balance in two (2) equal installments of which one shall be paid on each of the first two anniversary dates of said annexation. 6. APPROVAL OF SUBDIVISION PLAT AND OTHER ACTION BY THF VILLAGE. The Village agrees that it will, subsequent to the annexation of the Subject Property as afore-described, and without unreasonable delay, approve, accept aril record an Official Plat of Subdivision of the subject property, provided said plat and 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 said Subdivision Control Ordin- ance as the provisions of said ordinance have been modified or waived by this Agreement or as may be necessary to make said ordinance consistent with this -3- At;reeruent and with said PLAN. Said plat shall he substantially in accordance with the prehininary Plat attached hereto as Exhibit "C" rnade a part hereof and incorporated herein by reference and with the PLAN. 7. WATEP . For the purpose of providing water to the Subject Property and the building to be located thereon under the PLAN, the Owners shall be permitted to connect to the existing Village water mains located on Biesterfield Road and to those located on Biesner Road at such point or points as shall be determined and approved by the Village Engineer. Any connections made by the Owners shall be made in such manner as prescribed and approved by the Village Engineer and other applicable governmental bodies and agencies having jurisdic- tion and shall be subject to such recapture agreements as are hereinafter set forth. 8. SANITARY SEWERS. The Owners may provide sanitary sewer serrice to the Subject Property and the building to be constructed thereon pursuant to the PLAN by connecting into the existing sewer on Biesner Road at such point or points as shall he determined and approved by the Village Engineer. Any connections made by the Owners shall be made in such manner as prescribed and approved by the Village Engineer and other applicable governmental bodies and agencies having jurisdiction and shall be subject to such recapture agree- ments as are hereinafter set forth. The Village agrees and represents that the existing sewer is adequate to accommodate the needs of the Subject Property now and when fully developed under the PLAN. 9. STORM WATER. Owners shall develop the Subject Property in such a manner as to meet all storm water detention requirements of the Metropolitan Sanitary District of Greater Chicago and of the Village. Such storm water may drain into the existing creek South of the Subject Property and, if approved by the said Metropolitan Sanitary District of Greater Chicago and the Village Engineer, will, in so draining, avoid that part of the Subject Property designated as compensatory storage area on the PLAN. Owners shall be required to provide reasonable and necessary maintenance of that part of the aforesaid creek -4- located upon the subject property and also of that part of said creek not so located to the extent, if any, that such maintenance for the portion of the creek not located upon the subject property may be imposed upon the Village by reason of the annexation hereunder. 10. RECAPTURE AGREEMENTS. The Owners agree that the subject property is subject to certain recapture agreements either heretofore created and established by Village Ordinance or to be created by Village Ordinance at a subsequent time, which recapture agreements require the Owners hereof to make payment to the Village as follows: i (a) Water recapture pursuant to Ordinance No. 668 in the amount of i $117.00 per acre. i (b) Sanitary sewer recapture pursuant to Ordinance No. 522 in the amount of $180.00 per acre. (c) Water main extension agreement (currently being negotiated) requiring a recapture of an amount not to exceed $2,500.00. The Owners shall make payment to the Village or in the alternative furnish waiver to the Village executed by the protected party or parties of said recapture agreement, no later than six months. 11. SIDEWALKS, STREETS AND DRIVEWAYS. Notwithstanding any ordinance provisions to the contrary, sidewalks need to be placed only on the North side of the Subject Property along Biesterfield Road and along the East side of the Subject Property along Biesner Road only from Biesterfield Road on the North to Bristol Lane on the South, said sidewalks to be located approxi- mately ten feet from the new curb line resulting from the widening of Riesner Road as hereinafter provided and so placed as to reasonably minimize to the extent practicable the number of trees required to be removed for said purpose. Biesner Road need not be widened or improved pursuant to the requirements of the applicable Village Ordinance except from Biesterfield Road on the North to Bristol Lane on the South. Any Village ordinance requirements more extensive than or contrary to the foregoing shall be deemed expressly waived hereby and -5- furthrrr action, if any, required to be taken by the Corporate Authorities to effc_-ctuate the foregoing will be promptly taken. No acceleration or decelera- tion lanes shall be required from the Subject Property except to Riesterfield Road and even there, only if and to the extent required by the County of Cook. Sidewalks and street rights-of-way required under this Paragraph 11 shall be dedicated to the Village by the Owners and accepted by the Village. There will be no vehicular access to the Subject Property from Lincoln Street. 12. Owners agree that, except as may otherwise be from time to time required by or have the prior approval of the Village or other governmental body or agency then having jurisdiction over said property, they will not construct any buildings or other structures upon that part of the subject property South of the Southernmost parking area designated on the plan as compensatory flood plain storage, will keep said area in its present natural state as both a buffer between the development and neighboring properties and as a compensatory flood plain storage area and will be responsible for such reasonable maintenance of said area as would be imposed by law upon any owner of said area. Owners further agree that, subsequent to the annexation, rezoning and site plan and building approval provided for herein, they will record a covenant directed to the Village and running with that part of the subject property described in this paragraph, which covenant will provide that no building or improvements will be placed upon said part of the subject property which shall be legally described in said covenant, except as may be from time to time required by or have the approval of the Village or such other governmental body or agency then having appropriate jurisdiction of the land and except as above provided, will keep said area in its present natural state as a buffer and compensatory flood plain storage area as afore-described. 13. DEVELOPMENT IN GENERAL CONFORMITY WITH PLAN. The Owners shall cause the Subject Property to be improved in general conformity with the land use, standards, buildings and the site location thereof as shown on the Preliminary Site Development Plan prepared by Eichstaedt Architects/Plan -6- ners dated April 10, 1950, as amended and supplemented by Site Developrnent Alternative A dated August 25, 1950, and by the Preliminary Site Cross Section dated May 4, 1950, copies of all of which said documents are collectively attached hereto and made a part hereof and incorporated herein as Exhibit "D", except as any of the same may be necessarily modified to solve engineering lay- out and/or design problems not reasonably foreseeable at the execution of this Agreement. Any minor change to accommodate such problems must be approved by the Village Manager, who is authorized hereby to give such approval without prior consent or further action of the Corporate Authorities. The term "PLAN", wheresoever used in this Agreement, shall refer collectively to the documents constituting said Exhibit "D". 14. LANDSCAPING AND SCREENING. Owners shall prepare and submit a detailed landscaping, berming and screening plan for the Subject Property in accordance with the Findings of the Plan Commission in this matter and which must be approved along with the building plans by the Village prior to the issuance of any building permits. Said landscaping and screening plans shall include the berming, landscaping and screening designated on the PLAN along the 'Nest and Southwest parts of the Subject Property. The approved landscaping and screening shall be completely installed by the Owner prior to the issuance of any occupancy permits, subject to weather conditions. 15. ORDINANCE AND FEES. 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 reason- ably necessary for the protection of the public health, welfare and safety by general Ordinance Amendments applicable to the development of all the proper- ty 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 the execution of this Agreement, it will not amend its zoning ordinance or other ordinances in such a manner as to prohibit the development or use of the Subject Property as contemplated by this Agreement and the PLAN in the manner set forth therein. -7- It is specifically agreed that the fees required for building perinits, plan review, inspection fees and any other regulatory fees or other fees or charges having to do with the connection and development of the Subject Property, shall not be increased for a period of ten (10) years 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. The Village agrees not to interpret any of its existing or amended ordinances so as to prevent commencement or completion of construction of the building or other improvements or the development or use of the Subject Property as shown on the PLAN by the Owners, provided that all plans therefor meet the requirements of all applicable ordinances of the Village then in effect except as said ordinances may be modified or waived by reason of the provisions of this Agreement. 16. PUBLIC IMPROVEMENTS - SECURITY. At the time such public improvements are installed and approved by the Village Engineer, the Owners shall casue a Bill of Sale, one set of rnylar as-built engineering plans, and a two- year maintenance bond to be issued to the Village prior to the formal acceptance of said improvements by the President and Board of Trustees for permanent maintenance by the Village. The Owners shall be required to give the Village security for the installa- tion of all public improvements, publicly owned and maintained, such security to be in the form of bonds, or cash escrow deposits or such other security which may be deemed by the Village Attorney or the Village Manager to be satisfac- tory, including but not limited to an irrevocable letter of credit drawn on a Chicago-area bank with assets in excess of Ten Million Dollars, such letter being effective for the length of time required to complete such improvements and certifying that adequate funds will remain available in a form to allow the Village to procure the funds irrevocably committed to complete the required public improvements and construction, if said improvements shall be in default -8- for a pt'riod of sixty (60) clays after written notice thereof by the Village to the Owner. The security given shall at all times be equal to the original estimated cost of the improvements being constructed in the development. 17. DEMOLITION OF EXISTING STRUCTURES. The existing two-story frame residence, frame shed, wood barn, and frame garage must all be razed or relocated to property not included in the Petition for Annexation within 180 days after annexation or within such extension thereof not to exceed one (1) year after annexation, as may be approved by the Village Manager. 18. PERMIT FEES. The Village agrees to charge the Owners such build- ing fees, utility connection fees, tap-on charges and similar fees, as are gener- ally enforced in the Village, and in accordance with its general ordinances applicable at the date that the permit fee is applied for and required. 19. STOP ORDERS. The Village will issue no stop order directing work stoppage in the building or parts of the Subject Property without detailing the section of the Village Code or portion thereof of this Agreement of the Plan violated by the Owner. 2.0. CFRTIFICATE OF OCCUPANCY. The Villlage agrees to issue certificates of occupancy within fifteen (15) days of application or issue a letter of denial informing the Owners as to what sections of the Code relied upon the Village in its request for correction. 21. 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. 22. RELATIONSHIP OF VILLAGE TO OWNERS ANP TO BENEFICIARIES AND CONTRACT PURCHASERS. It is understood by all parties that except with reference to that part of the Subject Property, the title to which is held by the First National Bank of Mount Prospect, as Trustee under its Trust Agreement -9- i No. Li'-152': d,2tcd January 28, 1980, of which trust Larry McKone., Phillip R. Seinar anc! 1Icrrnan Semar are the hone Eiciaries, the rernaining Owners have each contracted to Belt that part of the Subject Property owned by it, him or her to the Contract Purchasers hereunder, which contracts are subject to the annexa- tion of the Subject Property to the Village. Accordingly, it is understood that those of the Owners who have executed such contracts became petitioners requesting, the annexation hereunder and executed this agreement solely to effectuate said annexation and thereby the sale of the Subject Property to the Contract Purchasers. Accordingly, wheresoever this Agreement refers to either obligations of or benefits for the Owners, such references shall, upon annexation, be deemed to refer to, be binding only upon and ,inure to the benefit of the Beneficiaries or Contract Purchasers afore-named. 23. BINDING EFFECT. Subject to the provisions of Paragraph 20 above, this Agreement shall bind the parties hereto, the heirs, successors and assigns of the Owners, the Beneficiaries and Contract Purchaser, the Village, its Corporate Authorities, and successors in office, and be enforceable by order of court pursuant to the provisions of the statutes made and provided. Nothing herein shall in any way prevent alienation or sale of the Subject Property or any portion thereof whether by way of condominium ownership or otherwise, except that said sale shall be subject to the provisions hereof and of the Zoning Ordinance of the VILLAGE OF ELK GROVE VILLAGE, modified by the provisions hereof, and the new Owner or Owners shall be both benefited and bound by the conditions and restrictions herein and therein expressed. 214. SEPARABILITY. It is understood that in the event any provisions of this Agreement shall be deemed invalid, then the invalidity of said provisions shall not affect the validity of any other provisions hereof. 25. NOTICE. All notices and demands shall be sent by certified or registered mail to the Owners c/o Semar Home Builders, Inc., 720 Hiawatha Court, n-count Prospect, Illinois. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 1980, the same being cone after public hearing, notice anc! statutory requirements having been fulfilled. THE VILLAGE. OF ELK GROVE VILLAGE, a (Municipal corporation BY: Charles J. Zetteki ATTEST: ] —� TRINITY EVANGELICAL DIVINITY SCHOOL and TRINITYCOLLEGE, as co-trustees of the Martha Duvall Zender Charitable Remainder Annuity Trust , ' , (_ BY: E xc,,j1patory clause at{ac}Er�Sf h%Omto and are made a part }CSr1QST NATIONAL BANK OF MOUNT PROSPECT, not individually but as Trustee under its Trust Agreement No. LT-1524 dated 3anuary 28, 1980 AT TET:- BY: / _/1iL �J] . J. TAYLOR HAZEL TAYLOR PHILLIP R. SEh4AR LARRY MCKONE. LARRY MCKONE, d/b/a McKone Builders ATTEST: BY: HERMAN J. SEIMAR SEMAR HOME BUILDERS, INC., an Illinois corporation BY: A•('TEST: _11_ EXCULPATORY PROVISIONS This instrument is executed by FIRST NATIONAL BANK OF MOUNT PROSPECT, Mount Prospect, Illinois , not personally but as Trustee , in the exercise of the power and authority con- ferred upon it as Trustee , and under the express direction of the be eficiaries of a certain Trust Agreement dated i , p : and known as Trust No.,G ,- to ail grovisions oY which Trust Agreement this instrument is expressly made subject. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations , covenants, promises , obligations, liabili- ties , undertaking and agreements herein made on the part of the Trustee while in form purporting to be the repre- sentations , covenants , promises , obligations, liabilities , undertakings and agreements of said Trustee are neverthe- less each and every one of them made and intended not as personal representations , promises , obligations, liabilities , covenants , undertakings and agreements by the Trustee or for the purpose 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 held subject to said Trust Agreement, 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 the FIRST NATIONAL BANK OF MOUNT PROSPECT or any of the beneficiaries under said Trust Agreement on account of this instrument or on account of any representation, covenant, promise , obliga- tion, liability , undertaking or agreement of the said Trustee in this instrument contained , either express or implied , all such personal liability , if any , being expressly waived and released. 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