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HomeMy WebLinkAboutRESOLUTION - 29-78 - 4/25/1978 - EXECUTE FINAL AGRMT/JUDGEMENT ORDERRESOLUTION NO. 29-70d A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AGREED FINAL JUDGMENT ORDER WITH THE AMERICAN NATIONAL BATIK AND TRUST COMPANY, AS TRUSTEE, UNDER TRUST AGREEMENT DATED JUNE 6, 1968, AND KNOWN AS TRUST NO. 27983 (AR.VIDSON) WHEREAS, the American National Bank and Trust Company, as Trustee, under Trust Agreement dated June 6, 1968, and known as Trust No. 27983, has filed a lawsuit against the Village of Elk Grove Village in the Circuit Court of Cook County, which case is known as No. 76 L 19801; and WHEREAS, each of the parties in said lawsuit have settled, compromised, adjusted and otherwise adjourned all matters and issues between them pertaining to the above -entitled cause; and WHEREAS, the President and Board of Trustees of the Village of Elk Grove Village conducted a public hearing with due notice thereof having been published in a newspaper of general jurisdiction in the Village, and considered the question of whether the Village should enter into the agreed final judgment order and all of the conditions which are contained therein; and WHEREAS, it is the opinion of the President and the Board of Trustees that all of the conditions, stipulations and provisions of said final judgment order are in the best interests of the Village. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and Du Page, Illinois, as follows: Section 1: That the Village President, Village Clerk and Village Attorney are hereby authorized to execute an agreed final judgment order with the American National Bank and Trust Company, as Trustee, under Trust Agreement dated June 6, 1968, and known as Trust No. 27983, a copy of said order being attached hereto and incorporated herein. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 ATTEST: APPROVED: -- Eleanor G. Turner Charles J. Zettek VILLAGE CLERK VILLAGE PRESIDENT PASSED this 25th day of April 1978_ APPROVED this 25th day of April 1978. STATE OF ILLINOIS ) ) SS. COUNTY OF C 0 O K ) IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - LAW DIVISION AMERICAN NATIONAL BANK & TRUST COMPANY as Trustee under Trust Agreement dated June 6, 1968, and known as Trust No. 27983, Plaintiff, Vs. No. 76 L 19801 VILLAGE OF ELK GROVE VILLAGE, a municipal corporation, Defendant. AGREED FINAL JUDGMENT ORDER THIS MATTER having come for trial on Plaintiff's Complaint for Declaratory Judgment, Defendant's Answer and Counterclaim and on Plaintiff's Answer and Reply thereto; said parties having reported to the Court that they have settled, compromised, adjusted and adjourned all matters and issues between them pertaining to the above -entitled cause; and the parties having further reported to the Court that they have consented to and agreed to be bound by the terms of the agreement hereinafter set forth; and the Court being full advised in the premises; NOW, THEREFORE, upon the agreement of the parties hereto, THE COURT FINDS AS FOLLOWS: 1. The Court has jurisdiction of the subject matter of this action and of the parties thereto, and has jurisdiction and authority to enter this Order. 2. That Plaintiff is a national banking corporation with offices in the City of Chicago, County of Cook, State of Illinois, and is a party to this action not individually, but as Trustee under Trust Agreement dated June 6, 1968, and known as Trust No. 27983. J. The Defendant is a municipal corporation in the Counties of Cook and Du Page, State of Illinois. 4. This Agreed Order shall apply to and affect only the owner and the Village as hereinafter defined, their successors -in -interest, and that tract of land hereinafter referred to as the "Subject Property" consisting of approximately 29 acres and legally described as: The East 981.93 feet of the South West Quarter of the South West Quarter of Section 32, Township 41 North, Range 11, East of the Third Principal Meridian in Cook County, Illinois. The property has a frontage of approximately 982 feet on Devon Avenue and extends north to a depth of approximately 1,284 feet. A Preliminary Plat of Subdivision dated September 30, 1977 of the Subject Property is attached as Exhibit "A" to this Agreed Order and is hereby made a part hereof, the parties hereto agreeing that the original of a final Plat substantially in accord with said Preliminary Plat shall be executed, approved and recorded with the Recorder of Dees of the County of Cook and/or Du Page prior to the issuance of building permits and commencing of construction upon the Subject Property. Except as modified in this Agreed Order, the final Plat shall conform to the requirements of the Subdivision Control Ordinance. 5. For the purposes of this Agreed Order, the term "Owner" means Plaintiff, as Trustee, under Trust No. 27983, and its beneficiaries or, in the event the Subject Property is contracted to be or is conveyed, "Owner" means any contract purchaser or grantee of Plaintiff insofar as the performance of obligations of "Owner" hereunder with Plaintiff being thereby released from such obligations so long as such contract purchaser or grantee performs such obligations, but -2- reserving the power to enforce all rights of "Owner" hereunder until Plaintiff shall have fully conveyed all of its richt, title and interest in the Subject Property. Should any such contract purchaser or grantee fail to perform any obligation hereunder, Plaintiff shall be obligated to do so. As used in this Agreed Order, the term "Village" shall be understood to mean the Defendant Village of Elk Grove Village, a municipal corporation of Cook and DuPage Counties, Illinois, together with all of its officers. 6. The Village will approve development of the Subject Property pursuant to the Preliminary Subdivision Plat attached and made a part of this Order as Exhibit "A". The Owner agrees that it will cause the Subject Property to be improved with up to ninety-nine (99) single family houses and pond substantially as shown on Exhibit "A". The Village Manager may approve such changes in the construction of this development of the Subject Property as necessarily modified to resolve engineering layout and design problems not reasonably foreseeable at the time of the entry of this Order and which in the Village Manager's judgment shall not constitute a substantial deviation from this plan as shown on Exhibit "A". Any changes from this Order shall be in accordance with the spirit of the Plan (Exhibit "A"). Before any major changes approved by the Village Manager may be effective, however, the Manager, within seven(7) days after the changes are submitted to him in writing by the Owner, shall notify in writing the President and Board of Trustees of the Village and such changes shall be considered approved unless the said President and Board of Trustees, at their next regular meeting subsequent to said written notice to them by the Manager, shall deny the changes. A reduction in number of lots shall not be considered a major change. -3- 7. It is understood that the final detailed engineering plans for public improvements and for site development have not been prepared as of the date of this Order and that such plans will be prepared substantially in accordance with the Plan approved herein and will conform as nearly as may be possible with such Plan. Such engineering plans and engineering plans for the pond must be submitted prior to approval of final Plat of Subdivision. 8. The parties to this Agreed Order have agreed that in the use and development of the above described Subject Property, the following agreements, standards, conditions, and restrictions shall and will be observed and adhered to by the parties to this Agreed Order and may be enforced by this Court upon the application by any of the parties hereto or their successors in interest: a. The Village shall accept the rights -o£ -way for street purposes within the subdivision as shown on the attached Plat, which shall be 50 feet rather than the 60 feet otherwise required by the Subdivision Control Ordinance. b. Street pavement construction shall be 28 feet in width as measured from back to back of curbs. C. Owner shall cause the final Plat of Subdivision to contain an easement along each side of the right-of-way, each said easement being 10 feet in width, for the underground placement of public utilities including, but not limited to, sanitary and storm sewers and watermains. d. The Village recognizes that the proposed 8 inch sanitary sewer to be constucted by Owner for this Subdivision is adequate to handle sanitary sewer requirements of the Subdivision. -4- e. In addition to said sanitary sewer, Owner shall construct a holding tank for sanitary sewage with a capacity of 91,800 gallons in accordance with Exhibit "E" (dated February 17, 1978) made a part hereof and incorporated herein. f. Owner shall construct a storm water detention pond in general conformance with the preliminary plan, dated October 6, 1977, and attached hereto as Exhibit "C". Prior to construction, the Owner shall submit for Village approval final engineering plans and information in accordance with requirements of the Village Subdivision Control Ordinance. g. Said detention pond and drop box set forth in the following Subparagraph h shall be owned and maintained by a homeowners' association and shall be shown as "Outlot A" on the Final Plat of Subdivision. The Owner agrees to establish a viable homeowners' association prior to the issuance of any occupancy permit and shall establish such by-laws and covenants which shall include all obligations of the association as set forth in this Agreement, and shall be recorded with the County Recorder of Cook County, Illinois. h. Owner shall install, at its expense, a storm sewer at least 60 inches in diameter, unless a larger size is indicated by detailed engineering plans, to be installed underground running from the outfall of the existing storm sewer at the north of the Subject Property from the Centex Property and extending southerly to the northern end of the pond and then from the southern end of the pond and emptying into the culvert along Devon Avenue. Said storm sewer shall be dedicated to the Village, which shall be responsible for its maintenance as part of the its public sewer system. Said sewer shall be located within a 20 foot, underground easement for that purpose to be located between Lots 35, 34, 77 and 78 on the west, and Lots 9, 10, 94 and 95 on the east. Owner shall grade and seed over said easement as part of the required public improvements at time of original installation. Thereafter, the aforesaid homeowners' association shall be responsible for maintaining the ground over said easement. Owner shall provide a covered drop box at the entry of the inlet pipe at the north - 5 - end of the pond to reduce the amount of silt which would otherwise flow into the pond. i. In lieu of an annexation fee or land dedication which might otherwise be required because of this subdivision, Owner shall pay to the Village the sum of $18,000.00, payable at the rate of $181.82 (if there are 99 lots), $191.49 (if there are 94 lots), per building permit, in addition to the regular building permit fee for each building permit, as and when such permits are obtained by Owner, but in no event later than February 1, 1981, and which shall be secured by an irrevocable letter of credit or commitment from a Chicago area bank or savings and loan association having assets of at least $100,000.00 in a form acceptable to the Village Attorney in the exercise of his reasonable discretion. j. At the time of the final approval of detailed engineering plans and acceptance of the Final Plat of Subdivision, the Owner shall submit to the Village an irrevocable letter of credit or commitment from a Chicago area bank or savings and loan association having assets of at least $100,000.00, in a form acceptable to the Village Attorney in the exercise of reasonable discretion. Said letter of credit shall be security for the installation by Owner of all public improvements including the detention pond, as required herein and by the Village's Subdivision Control Ordinance, and shall be in an amount equal to 100% of the estimated costs of said improvements. Said letter of credit shall be for a period of one (1) year, but shall be automatically renewable after said period, provided that the Owner requests an extension in writing prior to thirty (30) days before the termination date. Upon extension, the letter of credit shall be increased by 10% of the original estimated amount of the cost therefor for any public improvement not yet completed and accepted or approved by the Village. Any public improvement completed and accepted by the Village need not be included in any letter of credit extensions. If any letter of credit is not so extended and, if any public improvements have not been accepted or approved by the Village, the Village shall have the right to call due said letter of credit and complete said public improvements, provided further that the Village first give the Owner thirty (30) days within which to satisfy the Village that such improvements will be completed within a reasonable time. k. At the time all public improvements are installed and approved by the Village Engineer, Owner shall cause a Bill of Sale, one set of Mylar As -Built Engineering Plans, and a two-year Maintenance Bond for same, to be delivered to the Village prior to formal acceptance of said improvements by the President and Board of Trustees for permanent maintenance by the Village. 1. In addition to the installation of an 8 inch watermain and appurtenances (hydrants and valves) to be located within the interior of the Subject Property and which is subject to the approval of the Village Engineer, the Owner agrees to install a 12 inch watermain and appurtenances along the northerly edge of the right-of-way of Devon Avenue, beginning with a connection to an existing watermain at Berkenshire Avenue and Devon Avenue, and ending at the southwest corner of the Subject Property at Devon Avenue. The Village agrees to pay the difference in the costs of material between the 12 inch and 8 inch watermain. 9. The parties hereto agree that all provisions, conditions, and regulations set forth in this Order and the Exhibits to which it refers, shall supersede all Village ordinances, codes, and reaulations that are in conflict herewith as they may apply to the Subject Property. However, where this Order is silent, the Village ordinances shall apply and control. The Village agrees that any amendments or changes to building, housing, subdivision or zoning ordinances during the term of this Agreement shall not apply to the Subject Property without the Owner's consent unless same shall apply uniformly throughout the Village, and further agrees not to interpret any such amendments or changes so as to prevent commencement of construction of the buildings or the development of the Plat by the Owner or its assignees, provided that all plans meet the requirements of all applicable ordinances. 10. The Village agrees to issue without undue delay, -7- upon proper application and payment,necessary permits for the construction and operation of this development. 11. The Village agrees not to charge the Owner for building permit fees required for the construction of the development or portion thereof in an amount greater than those fees charged uniformly throughout the Village from time to time. 12. The Village will issue no stop orders directing work stoppage on building or parts of the project without setting forth the section of the Village Code allegedly violated by the Owner, so that the Owner may forthwith proceed to correct such violation, if any, as may exist or take an appeal as set forth in the Village Code, or the laws of the State of Illinois, or this Order. 13. The Village agrees to issue certificates of occupancy within thirty (30) days of application or issue a letter of denial informing the Owner as to what section of the Village Code and/or this Order which have not been complied with by the Owner and relied upon by the Village in its request for correction. NOW, THEREFORE, IT IS HEREBY ORDERED, as follows: 1. That the agreements by and between the Plaintiff and the Defendant, the Village of Elk Grove Village, set forth hereinabove, be and they are hereby approved. 2. No appeals shall be taken from this Order by any of the parties to this cause. 3. None of the parties to this proceeding shall recover of and from any other party any costs which such party may - 8 - have sustained in connection with this cause, but all such costs, having been paid, shall remain with and be taxes to the parties who shall heretofore have incurred such costs. 4. This Court reserves and retains jurisdiction of the above -entitled action for the purpose of permitting the parties to this Order to apply to this Court at any future time for such further orders and directions as may be necessary for the construction, implementation or enforcement of this Order. DATED this day of , 1978. ENTER: JUDGE AMERICAN NATIONAL BANK & TRUST COMPANY as Trustee under Trust No. 27983, Plaintiff, Vs. VILLAGE OF ELK GROVE VILLAGE Defendant CASE NO. 76 L 19801 J by rclnn of ., , . ,...Hots W warranties cuniaweL in this CONSENTED AND AGREED TO:-..�,..�... AMERICAN NATIONAL BANK & TRUST COMPANY, as Trustee under Tjusf No. 27983, and not personallyh_ By: cr.rC7PovE a l � {' �^l• � sEcy CONTRACT PU ASER CONSENTED AND AGREED TO: VILLAGE OF ELK GROVE VILLAGE a municipal corporation, By: Charles Zettek President nn Attorney for Defendant -10- EXHIBIT B February 17, 1978 STANDARDS, CONDITIONS AND RESPONSIBILITIES FOR CONSTRUCTING, OPERATING AND REMOVING A SANITARY SEWACC HOLDING TANK A tank shall be constructed to temporarily store all sanitary sewage flow from the area under consideration as more fully described in Exhibit A. The holding tank must satisfy the following minimum requirements: 1. The structure will be designed to hold the maximum sanitary seuare flow generated by the development in a 72 -hour Ini'i.Lnation must be included in the determination of U,. fluw. 2. The tank will be constructed of a durable and impervious material to avoid deterioration and leakage. �." i' ro 3. The tank will be designed to provide a self-cleaning action and to facilitate simple manual cleaning. .4. The tank will be located undergrolind and provide proper ventilation to avoid the release of odors. The Odor Regulations are those which are detailed in Article 5, Section 5.95 of the Elk Grove Village Zoning Ordinance No. 842, adopted December 19, 1972. The referenced Odor Regulations shall pertain to all zoning classifications within the Village limits. 5. The tank shall be located on Lot # 6. Septicity shall be avoided by aeration or other approved methods. 7. The tank will have a control system capable of holding sewage during wet periods and releasing it within a 72 -hour period. During periods of dry weather the sewage shall bypass the holding facility and flow into the receiviul, sewer systems. B. An emergency overflow system will be incorporated into the design to prevent overflowing of the tank and/or sewage back-ups. 9. The design of the facility will be prepared and signed by a registered professional Engineer of the State of Illinois. 10. Approval of the design will be secured from all appropriate governmental agencies as well as the Village Engineer. ...continued next page -2- EXtiIBTT B 11, Building pormits will not be issued until design approval lias been received from all governmental agencies, and .a construction performance bond has been accepted by the Village. 12, occupancy pormits will not be issued until thrt facility is operating properly and has been approved by all governmental agencies. 13. The tank will be taken out of servic, at the end c; t!n years or when the O'Hare Treatment P k int in De:; P l . i l t� !llinois becomes operational, whichFv,_r occurs fit -i. L. Flithin 3C day;. of not ificai.i0n by tip - V111�:;e LI,��� of the Facility is to be discontinued, the owucr .c either remove or fill the lank and all, other apl,w�i.,•i..n,t structures and make any plumbing mcdif.ication^ ttcc •; ,,,r; , to provide a functional sewage systeia. The cost of chi.:: work is to be the responsibility of the owner. ' 15. Owner shall pay $2,000 to the Village to offset the Vii'aLe 's expense to open and close the manual gate valve. L;aikl 1,.iy shall be made prior to the issuAnce of any occupancy permit. 16, Owner and/or the Homeowners' Association shall he responsible for: (A) Cleaning, sanitizing and maintaining the holding tank immediately after each usage. (B) Taking the holding tank out of service by one of the following methods as is agreed to upon approval of the engineering design: (1) Demoliton & removal or all debris (2) Filling with suitable material (3) Cleaning, sanitizing and deodorizing the structure should it be re -used as part of a habitable structure (4) Or such other techniques as may be agreed to by the Village (C) The site of the holding t,ink shall re restorcnl to a condition comparable to adjoining lo1:s both as to elevation and .Landscaping. 17. The owner shall, prior to the issuan,:e of any occupancy hermit., deposit one or more performance bonder which guaran: • tuuds to meet expenses which may be necessary to fulfill Lhe re:;nonsibi- lities described in/6 A, B and C, above. Said Bond(s) is (are) to be equal to 1250 of eut costs to accomplish the foregoing in J& A, B C; it sh.cll be valid for not less than a 1.0 -year pe;-i.od, and it shall hermit the Village to call said bond at such time or times .is the owner fails to perform those responsibilities defined in 2 P., B, c.