HomeMy WebLinkAboutRESOLUTION - 59-79 - 7/24/1979 - PRE ANNEX AGRMT/BONDIOLI RESOLUTION N0, 59-79
A RESOLUTION AUTHORIZING A PRE-ANNEXATION AGREEMENT (BONDIOLI )
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State of
Illinois, as follows:
Section 1 . That the Pre-Annexation Agreement, a copy of which is
attached, relating to the annexation of property known as the Bondioli
property and referred more specifically to and legally described therein,
is hereby approved, and the Village President and the Village Clerk are
hereby authorized to execute same, and the Village Clerk is authorized to
record same with the Recorder of Deeds of Cook County, Illinois.
Section 2. That this resolution shall be in full force and effect
from and after its passage and approval according to law.
VOTE: AYES: 6
NAYS: 0
ABSENT: 0
APPRO D:
Village P,r sidegt
ATTEST:
Village Clerk
PASSED this 24th day of July , 1979.
APPROVED this 24th day of July , 1979.
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 24th day of
July , 197 9 , 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 O'HARE INTERNATIONAL BANK, as
Trustee under Trust No. 711,148 (hereinafter referred to as
"the Owners" ) ,
W I T N E S S E T H:
WHEREAS, O'HARE INTERNATIONAL BANK, as Trustee under Trust
No. 71L148 , being the owner of record of certain real estate,
the legal description of which is set forth in Exhibit "A" ,
attached hereto, made a part hereof and incorporated herein by
reference (which real estate is located at the corner of Land-
meier and Busse Roads in unincorporated Cook County) and which
real estate adjoins, abuts and is contiguous to corporate
limits of the Village of Elk Grove Village, Illinois ; and,
WHEREAS , the subject property constitutes territory which
is contiguous to and may be annexed to the VILLAGE OF ELK GROVE
VILLAGE , ILLINOIS, as provided in Article 7 of the Illinois
Municipal Code (Illinois Revised Statutes , 1975 , Chapter 24) ;
and,
WHEREAS, the OWNER desires 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
proposed 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 pro-
vided 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 covenants and agreements herein contained, IT IS
HEREBY MUTUALLY AGREED by and between the undersigned as follows :
1. STATUTORY AUTHORITY. This Agreement is made pursuant
to and in accordance with the provisions of Illinois Revised
Statutes , 1975 , Chapter 24 , Section 11-15 . 1-1, et seq.
2. PETITION FOR ANNEXATION. The OWNERS have 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 OWNERS have paid all appropriate 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 I-1 (Parcel 1) , Restricted Industrial, and B-3
(Parcel 2) ,Business (Automotive) , as such parcels are illustrated
on "Exhibit C. " That there heretofore have been conducted such
Public hearings as are necessary to grant the zoning classifi-
cations provided above and that no further action need be taken
by or on behalf of owners to obtain I-1 and B-3 zoning classifi-
cations once the subject property is annexed to the Village. It
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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 Kearn Engineering lot
(Lot 2) 25 foot set back requirement will be waived and a
variation granted by the Village Board.
5. PAYMENT OF FUND. The owner agrees to pay to the
Village the sum of Five Hundred ($500 . 00) Dollars for each
acre to be annexed to the Village , said sum to be deposited
in the Village ' s Traffic Signal and Municipal Purpose Fund.
6. 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 Subdivision of the subject property
provided such Plat and all other documents required pursuant
to the Village ' s Subdivision Control Ordinance have been pre-
pared 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.
7 . WATER. For the purpose of providing water to the
subject property and the buildings to be located thereon, the
Owner shall do the following:
1. Connect to the existing Village water main
and pay such fees as required in Section 10
of this Agreement. The Owners shall, by July
24 , 1981, connect the Kearn Engineering lot
to the existing Village water main.
8 . SANITARY SEWER. The Owners may provide sanitary sewer
service to the subject property,and the buildings to be constructed
thereon,by connection into the existing sewer. The Owners shall, by
July 24 , 1981 , connect the Kearn Engineering lot to the existing
sewer main. The Village agrees that the existing sewer is adequate
to accommodate the needs of the subject property now and when fully
developed.
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9 . 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 the
property in the Village, but no such Ordinance shall be dis-
criminatory in its effect upon the development of the subject
property. The Village agrees that for a period of 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 use of the subject property as contemplated by this
agreement in the manner set forth in this agreement.
In addition thereto:
a. Upon the adoption of the Ordinance of Annexation
the President and Board of Trustees of the Village
will adopt an ordinance increasing the number of
Class A Liquor Licenses of the Village by one (1) .
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
applicable Village Codes and with the Zoning
Ordinance.
C. Included in the annexation shall be the
restaurant located on the corner of Landmeier
Road and Busse Road, and the brick office
building fronting on Landmeier Road, located
west of the restaurant. The property on which
is situated a garage or storehouse located
immediately to the northwest of the restaurant
shall be included in the annexation, but the
structure itself must be razed or relocated
to property not included in the Petition for
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Annexation, within 30 days after annexation.
The property on which is situated a residence
located immediately west of the office building
shall likewise be included in the annexation,
but the residence must be razed or demolished
and the property cleared within 90 days after
annexation of said property. Excluded at
present from annexation is the property des-
cribed in Exhibit C on which is located the
motel, which property must be annexed to the
Village within five (5) years from the date
hereof provided that the structure thereon
is renovated and improved to meet all applic-
able Village codes or is razed and the property
cleared prior to the filing of any Petition
for Annexation, therefor.
d. The Village agrees to grant a variation
of the Sign Ordinance of the Village to permit
a sign to be built in accordance with the
model sign as described in Exhibit D attached
hereto, including size, material and location.
10 . PERMIT FEES. The Village agrees to charge the
Owners 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 appli-
cable at the date that the permit fee is applied for and
required.
11. SPECIAL PARKING LOCATION PLAN. The Owner shall pro-
vide ninety (90) parking stalls for the existing restaurant on
Lot 1.
12. SIDEWALKS. Owner agrees to install sidewalks on Land-
meier Road in conformance with Village regulations. Sidewalks
are not required on Busse Road.
13. EFFECTIVE TERM. This Agreement shall be effective for a
term of ten (10) years from the date of its execution.
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14- BINDING EFFECT. This Agreement shall bind heirs
and successors and assigns of the Owners , 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 pro-
visions 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.
15 . 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 effect the validity
of any other provisions hereof.
16 . NOTICE. All notices and demands shall be sent by
certified or registered mail to the Owner c/o Layfer, Cohen,
Handelsman & Mora, Ltd. , 69 West Washington Street, Suite 1150 ,
This Annexatiop Agreement dated July 24, 1979 is executed by O'HARE INTER-
NATIONAL BANK,N.A.:,jtpersona%yor individually but as Trustee under Trust Agreement dated Jtme 23, 1971
and known at Trust No. 71 L 148 , in the exercise of the power and authority conferred upon and vested in it
as such Trustee. 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,convenants, undertakings,warranties,and agreements herein made
on the part of the Trustee while in form purporting to be the representations, covenants, undertakings, warranties, and
agreements of said Trustee are nevertheless each and every one of them,made and intended not as personal representations
covenants, undertakings, warranties, 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
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 any of the beneficiaries under said Trust Agreement, on account of this
instrument or on account of any representation, covenant, undertaking, warranty, 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.
The Trustee makes no personal representations as to nor shall it be responsible for the existence,location or maintenance of
the chattels herein described, if any.
IN WITNESS WHEREOF, O'HARE INTERNATIONAL BANK, N.A., not personally or individually but as Trustee
as aforesaid,has caused its corpppr to seal to be affixed 1 roto,and has cau dits name to be signed to this document by its duly
authorized officers,this L4 +` day of July _ , 19—
.
O'HAR TERNATIONAL BANK,N.A.,as Trustee
aforea d,ay d not persona
yy� By
'AtI t: X� ' VICEPRESIDENT-TRUSTOFFIC R'
AS S4CnETARY-
STATE OF ILLINOIS
COUNTY OF COOK
1 Rose Himley a Notary Public in and for said
County, in the State aforesaid, do hereby certify that �_ Oe r an ,
.Q0Ld=Vice President-Trust Officer,of O'HARE INTERNATIONAL BANK,NA.,and Br4
Assistant Secretary -YStkkXof said Bank, personally known to me to be the same persons
whose names are subscribed to the foregoing instrument as such AT4QQ=ice President-Trust Officer and Assistant Secretary-
CISPI frYs 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 tree and voluntary act of said Bank,for the uses and purposes therein
set forth;and the said Assistant Secretary -OOM did also then and there acknowledge that she,as custodian of the corporate
seal of said Bank, did affix the said corporate seal of said Bank to said instrument as her own free and voluntary act,and as the
free and voluntary act of said Bank,for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this 24th day of illy — 19 79
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