HomeMy WebLinkAboutRESOLUTION - 64-78 - 8/8/1978 - PRE ANNEX AGRMT/GULLO RESOLUTION NO. 64-78
A RESOLUTION AUTHORIZING A PRE-ANNEXATION AGREEMENT (GULLO)
NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees
of the Village of Elk Grove Village, Illinois, 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 Gullo property
and referred 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 8th day of August 1978.
APPROVED this 8th day of August 1978.
VOTE: AYES: 5
NAYS: 0
ABSENT: I
Charles J. Zettekj
Village President
ATTEST:
Eleanor G. Turner
Village Clerk
ANNEXATION AGREE14ENT
THIS AGREEMENT , made and entered into this 8th day of
August , 1978 , --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 John Gullo and his wife Maria, George Gullo and his wife Sarah ,
Amalgamated Trust and Savings as Trustee, under Trust #2366 , John
Rogowski and his wife Lyndia and the Bank and Trust Company of
Arlington Heights , as Trustee under Trust #785 (hereinafter referred
to as "the Owners" ) ,
W I T N E S S E T H:
WHEREAS, John Gullo and his wife Maria, George Gullo and
his wife Sarah, Amalgamated Trust and Savings as Trustees , under
Trust #2366 , John Rogowski and his wife Lyndia and the Bank and
Trust Company of Arlington Heights , as Trustee under Trust #785 , being
the owners of record of certain real estate , the legal description of
which is set forth Exhibit "A" , attached hereto, made a part hereof
and incorporated herein by reference (which real estate consists of
approximately nine point zero three (9 .03) acres and is hereinafter
referred to as "the subject property") 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 2-4 ) ; and
WHEREAS, the 011NERS 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 provided by
Statute; and
WHLREAS, any fire protection district, or other entity of
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 PER OFFICIAL NIAP . The subject property, pursuant
to Section 24 of the Zoning Ordinance of the Village, shall upon
annexation be classified as O-T, Office Transitional for parcels 1 and
2 , and I-1, Restricted Industrial, for parcel 3, as such parcels are
illustrated on "Exhibit C. " 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 on behalf
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of owners to obtain O-T and I-1 zoning classifications 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 .
5 . - PAYMENT OF FUND . Thw Owners agree to pay the Village
the sum of $4 ,515 . 00 for use in connection with the Village ' s Traffic
Signal r Municipal Purpose Fund. Said sum shall be paid as follows :
$1 , 505 .00 upon annexation and $1,505 . 00 annually thereafter until
said full sum is paid. In the event that the property is completely
developed before the full sum is paid, the Owners agree to pay the
balance of the full sum before the last building permit is issued.
6 , APPROVAL OF SUBDIVISION PLAN AND OTHER ACTION BY THE
-VILLAGE-. Subseauent 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 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 "Ekhibit C" made a part
hereof and incorporated herein by reference . The Office Transitional
parcel 1 and 2 , and the Restricted Industrial parcel 3 , as illustrated
on 'Exhibit C" shall provide setbacks in conformance with the Village
Zoning Ordinance .
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 located on
Oakton Street as shown on the Preliminary Plat of Sub-
division (Exhibit "CH) .
2 , Construct a 12" water main from the subject property along
Stanley Street directly north to Higgins and west along
Higgins to connect with the existing 10" water main located
near Wildwood and Higgins Roads . The Village agrees to
assist the owner in obtaining any easements required for
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said connection and extension of water mains. The
Village further agrees to collect a rec4ptive fee from
those property owners abutting Stanley Street and that
portion of Higgins located from Stanley Street west to
Wildwood Road, who at the time of their annexation will
benefit from and connect to said 12" water main. The
recapture to be reimbursed shall be the
the 12" water main located outside the subject property
along Stanley Street and Higgins Road, and shall be
payable by owners of property located along Stanley
and Higgins, at the time they annex into the Village .
The exact cost of the recapture shall be determined
using $45 . 00 per lineal foot as the Zgdtf"tcst of
installing the 12" water main. The recapture between
the Village and the Owners shall be valid for a period
of ten (10) years . All water mains shall be conveyed to
the Village by a proper Bill of Sale and dedication.
Recapture is for a period of ten (10) years .
S . SANITARY SEWER. Thw OWNERS may provide sanitary sewer
service to the subject property, and the buildings to be constructed
thereon, by connection into the existing sewer as noted on Plat
(Exhibit "C") . The VILLAGE agrees that the existing sewer is
adequate to accommodate the needs of the subject property now and
when fully developed.
9 . ORDINANCE- TO APPLY. The VILLAGE reserves the right to
amend its Zoning and Subdivision Ordinance , its Buildinq 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 discriminatory in its effect upon the develop-
ment 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 prohibit the use of the subject property as contemplated
by this agreement in the manner set forth in this agreement.
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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 connection and
development of the subject property, shall not be in 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.
10. PUBLIC STREETS . The Owners agree to dedicate and
construct the public streets delineated on Exhibit "C" according to
Village ordinance and standards provided therefore , and shall provide
the Village with adequate security to guarantee said consturction in
such, form as hereinafter set forth.
11 . DRY DETENTION. The Owner shall construct a dry detention
area to be located as shown on Exhibit "C" . Said area shall be owned
and maintained by the Owner of the subject property or by an
association of the assigns or successors in interest of the Owner ,
provided that the owner has established and duly recorded with the
1�ecorder of Deed of Cook County covenants which provide for said
maintenance obligation.
12 . -PUBLIC IMPROVEMENTS - SECURITY . At the time public
improvements are installed and approved by the Village Engineer, the
owner shall cause a Bill of Sale, one set of mylar asbuilt engineering
plans, and a two-year maintenance bond to issue to the village prior
to the formal acceptance of said improvements by the President and
Board of Turstees for permanent maintenance by the Village .
The Owner shall be required to give the Village security for the
installation 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 satisfactory, including but not limited
to an irrevocable letter of credit drawn on a Chicago area bank with
assets in excess of $10 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 for a period of sixty (60) days 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.
13 . DEVELOPMENT IN GENERAL CONFORMITY WITH PRELIMINARY PLAT
OR--SUBDIVISION. The OWNERS shall cause the subject property to be
improved in general conformity with the preliminary Plat of Sub-
division, upon filing a Final Plat of Subdivision and supporting
documents meeting the Subdivision Control Ordinance of the Village ,
except as otherwise provided herein and as necessarily modified to
solve engineering layout and/or design problems not reasonably
foreseeable at the time of the execution of this Agreement. Any
engineering change must be approved by the Village Engineer.
-14 . 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 applicable at the date that
the permit fee is applied for and required.
15 . - DISPOSITION OF EXISTING BUILDINGS . The Owners agree
to demolish all substandard buildings on the subject property prior
to the issuance of any occupancy permits.
.16 . LANDSCAPING AND SCREENING PLAN. The Owners shall
prepare and submit a detailed landscaping and screening plan for the
subject property zoned Office Transitional which abuts residential
properties . Said landscaping and screening plan must be approved
by the Village prior to the-, issuance of any building permits. Upon
the completion of seventy-five (75) percent of the development on the
subject property zoned Office Transitional abutting residential pro-
perties, the landscaping and screening plan must be completely installed
by the Owner .
17 . STOP ORDERS . The VILLAGE will issue no stop order
directing work stoppage in the building or parts of the subject
without detailing the section of the Village Code or portion
thereof of this Agreement of the Plan violated by the Owner .
18 . -CERTIFICATE OF OCCUPANCY. The VILLAGE agrees to issue
certificates of occupancy within 15 days of application or issue a
letter of denial informing the Owners as to what sections of the
Code relied upon by the VILLAGE in its request for correction.
19 . 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.
20 . BINDING EFFECT . This Agreement shall bind heirs and
successors and assigns of the OITNERS , 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 or sale of the
subject property or portion thereof except that said sale shall be
subject 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.
21. 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.
22 . NOTICE. All notices and demands shall be sent by
certified or registered mail to the OWNERS c/o GULLO INTERNATIONAL
DEVELOPMENT CORPORATION, 1201 Oakton Street, Elk Grove Village ,
ill . 60007 .
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IN WITNESS WHEREOF, the Parties hereto have set their hands
and seals this day of —1 1978 , the same
being done after public hearing, notice and statutory requirements
having been fulfilled.
BY:
BY:
BY:
ATTEST: BY:
AMALGAIqATED TURST & SAVINGS
BY:
BY:
BY:
THE BANK & TRUST CO. OF ARLINGTON HGTS .
BY:
VILLAGE OF ELK GROVE
ATTEST; BY:
EXHIBIT "A"
To be Zoned O-T, Office Transitional District
The South 210.0 feet (except the West 407-08 feet as measured on the
South line) of the following described tract of land; that part of
the West one half of the Southwest one quarter of Section 22, Township
41 North, Range 11 , East of the Third Principal Meridian: beginning
at a post at the Southwest corner of said West 1/2, thence East 9. 76
chains to a post, thence North 27.851 chains to post in center of road
thence North 310 West 9.87 chains to post at corner of land cA.-ined by
H. Scharringhausen on the West line of said West 1/2, thence South
29.31 chains to the point of beginning in Cook County, Illinois
Also
The East `177-08 feet of the West 407.08 feet (as measured on the South
line thereof) of the South 950.0 feet of the followinq described tract
of land: That part of the west half of the Southwest 1/4 of Section 22,
Township 41 North, Range 11 , 'Cast of the Third Principal Meridian in
Cook County, Illinois. Beginning at a post at the Scuth"est corner or
said West 1/2, thence East 9.76 chains to a post, t�ence North 27.85
chains to a post in center of road, thence North 810, West 9.91 chains to
a post at corner of land owned by H. Scharringhausen an the West line c-1 said
West U2, thence South 29.31 chains to a point of beginning.
To Be Zoned 1-1 , Restricted Industrial District
The North 740.0 feet of the South 950.0 feet (except the West 407.08 feet
as measured on the South line of the following described tract of land:
The South 160.0 feet (except the West 407-08 feet as measured an the South
line) that part of the West one half of the Southwest 1/4 of Section 22 ,
Township 41 North, Range 11 , East of the Third Principal Meridian, beginning
at a post at the Southwest corner of said West i/2 thence East 9.76 chains
to a post thence North 27-95 chains to a post in center of road thence North
81 , West 9.81 chains to post at corner of land owned by H. Scharringhousen
on the West line of said West 1/2; thence South 29.31 chains to the point
of beginning in Cook County, Illinois