HomeMy WebLinkAboutRESOLUTION - 84-78 - 10/10/1978 - ANNEX AGRMT/BOLGER RESOLUTION NO. 84-78
A RESOLUTION AUTHORIZING THE VILLAGE
PRESIDENT AND VILLAGE CLERK TO EXECUTE
A PRE-ANNEXATION AGREEMENT (BOLGER)
BE IT RESOLVED by the President and Board of Trustees of the
Village of Elk Grove Village, Cook and Du Page Counties, Illinois ,
as follows:
Section 1: That the Pre-Annexation Agreement between the Village
of Elk Grove Village and The First National Bank of Des Plaines, as
Trustee, under Trust No. 72131804 , and Terrence A. Bolger, a copy of
which is attached hereto, be and the same is hereby approved.
Section 2 : That the Village President and Village Clerk be and
are hereby directed to execute said Pre-Annexation Agreement for and
and on behalf of the Village of Elk Grove Village.
Section 3 : That this Resolution shall be in full force and
effect from and after its passage by two-third's of the Corporate
Authorities of the Village, and approval according to law.
VOTE: AYES: 5
NAYS: 1
ABSENT: 0
PASS: I APPROVED:
ATTEST:
Charles J. Zettek
Fay Bishop VILLAGE PRESIDENT
VILLAGE CLERK
Deputy
PASSED this 10th day of October , 1978,
APPROVED this 10th day of October , 1978•
5180-78-01
CLB :yle
5/16/78
Rev. 8/4/78
9/20/78
10/9/78
ANNEXATION AGREEMENT
THIS AGREEMENT , made and entered into this 10th
day of October , 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 "the Corporate Authorities" ) ,
FIRST NATIONAL BANK OF DES PLAINES, not individually, but
as Trustee under Trust Agreement dated June 26, 1973 , and
known as Trust No. 72131804 and TERENCE A. BOLGER (herein-
after collectively referred to as "OWNER") ;
W I T N E S S E T H:
WHEREAS, OWNER is the record owner of certain real
estate, the legal description of which is attached hereto as
Exhibit "A" and made a part hereof, such real estate consisting
of approximately one and two-tenths (1. 2) acres which is the
subject of this Annexation Agreement and is hereinafter referred
to as the "TRACT" ; and
WHEREAS, the TRACT is contiguous to the corporate
limits of the VILLAGE; and
WHEREAS , it is mutually desired by the VILLAGE and
the OWNER that the TRACT be annexed to the VILLAGE and developed
under those terms and conditions which are set forth in this
Agreement; and
WHEREAS, after a public hearing held pursuant to notice,
as provided by statute, the Plan Commission of the VILLAGE has
made its recommendation to the Corporate Authorities that
the TRACT be annexed to the VILLAGE and zoned in the manner
set forth herein under the Zoning Ordinance of the VILLAGE; and
WHEREAS, pursuant to the provisions of Illinois
Revised Statutes, 1971, 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.
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, 1971, Chapter 24, Section 11-15.1-1, et seq.
2 . PETITION FOR ANNEXATION. The OWNER has filed with
the Village Clerk a proper Petition for the annexation of the
TRACT to the VILLAGE, conditioned upon the terms and provisions
of this Agreement, and has paid all appropriate fees and deposits,
unless otherwise provided herein.
3. ANNEXATION ORDINANCE. The Corporate Authorities, upon
the execution of this Agreement, shall within thirty(30) days,
enact an ordinance annexing the property shown on the Plat of
Annexation attached hereto as Exhibit "B" made a part hereof and
incorporated hereby by reference.
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4. ZONING AND RELATED ORDINANCES AND THE OFFICIAL PLAN.
Immediately after the passage of the ordinance annexing the TRACT,
the Corporate Authorities shall:
A. Zone and classify the TRACT as a B-2 General Business
District under the provisions of its Zoning ordinance.
B. Make such amendments, modifications or changes as
may be required in the official Comprehensive Plan
of the VILLAGE to accommodate the land uses proposed
herein.
5 . WATER AND SEWER. OWNER shall be permitted to tie
into and use the sanitary sewer and water lines located along
Rohlwing Road which abut the TRACT. OWNER agrees that it shall
pay to the VILLAGE as a condition to use thereof those amounts
which the VILLAGE is obligated to collect from the TRACT and to
transmit to SBL Associates under its existing Annexation Agreement
with SBL. Any connections made by OWNER hereunder shall be made
in such a manner as prescribed and approved by the Metropolitan
Sanitary District of Greater Chicago, the Illinois Environmental
Protection Agency and by the VILLAGE Engineer.
6. STORM WATER. OWNER shall develop the TRACT in
such a manner as to meet all storm water detention require-
ments of the Metropolitan Sanitary District of Greater Chicago
and of the VILLAGE.
7. SIDEWALKS. Sidewalks shall be placed along
the Westerly and Northerly sides of the TRACT in accordance
with the requirements of the VILLAGE, such sidewalks to meet
VILLAGE Standards as they exist on the date hereof. Such
sidewalks shall be dedicated to and accepted by VILLAGE.
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8. DEVELOPMENT IN GENERAL CONFORMITY WITH PLAN: The
OWNER shall cause the TRACT to be improved in general conformity
with the land use and standards as shown on the PLAN prepared by Harris
Architects, Inc. dated September 20, 1978, a copy of which is
attached as Exhibit C, except as necessarily modified to solve
engineering, layout and/or design problems not reasonably fore-
seeable at the time of the execution of this Agreement . Any major
change to accommodate such problem must be approved by the Village
Manager.
9. VARIANCES FROM ZONING ORDINANCE: The VILLAGE agrees
that in order to accommodate the development of the TRACT in
accordance with the PLAN, the following variances from the strict
application of the Zoning Ordinances of the VILLAGE shall be granted
and are hereby applicable to the TRACT.
A. Minimum Rear Yard (southerly yard) is reduced to
30 feet.
B. Minimum Side Yard (easterly yard) is hereby reduced
to 40 feet.
C. Loading space for the building shall be permitted in
the access lane in the rear yard as designated on
the PLAN.
10 . PLAT APPROVAL : VILLAGE agrees to approve, without
unreasonable delay, any preliminary or final plat of subdivision
for the TRACT which may be submitted by OWNER, provided the same is
in conformity with the applicable ordinances of the VILLAGE and the
terms of this Agreement, including the PLAN.
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11. LANDSCAPING AND SCREENING PLAN. OWNER shall prepare
and submit a detailed landscaping and screening plan for the
TRACT. Said landscaping and screening plan must be approved,
along with building plans by the VILLAGE prior to the issuance
of any building permits. The approved landscaping and screen-
ing shall be completely installed by the OWNER prior to the
issuance of any occupancy permits, subject to weather conditions.
12 . CONTRIBUTIONS AND OTHER PAYMENTS. OWNER and
VILLAGE understand and agree as follows :
A. OWNER shall, upon annexation, pay the VILLAGE
the sum of $600.00 for use in connection with
the VILLAGE 'S Traffic Signal Municipal Purpose
Fund.
B. OWNER shall pay to VILLAGE the recapture charge
of $117 .00 per acre provided for and in accordance
with the terms and conditions of General Ordinance
No. 668 enacted by VILLAGE for the cost of con-
struction of a certain water transmission line
by VILLAGE within and along Biesterfield Road.
C. OWNER and VILLAGE acknowledge that by enactment
of its General Ordinance 522, VILLAGE has obli-
gated itself to collect on behalf of certain
private parties a recapture of the sum of $180 .00
per acre for the cost of installation of sanitary
sewer lines which were intended to service that
real estate described and referred to within
such ordinance. OWNER and VILLAGE further
acknowledge that notwithstanding that the TRACT
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falls within the real estate described and
referred to in said Ordinance 522, it will
not connect to or otherwise benefit by the sani-
tary sewer lines for which such recapture was
provided. It is, therefore, agreed that
OWNER shall deposit with the VILLAGE such sums
as VILLAGE is obligated to collect under the
terms and provisions of said Ordinance No. 522
within the time provided therein. Such sums
deposited by OWNER shall be placed in escrow in
an interest-bearing account pending final dis-
bursement thereof, with interest earned to be
distributed by VILLAGE to the final recipient
of the principal. Thereafter, VILLAGE and OWNER
shall jointly seek to obtain waiver and release
from those parties to benefit from said Ordinance
No. 522, as to such sums deposited. In the event
such parties fail to give the waivers and releases
requested within two(2) years after the date of
OWNER'S deposit, or if prior to that time, a
demand is made upon VILLAGE by such parties for
said sum, OWNER may, at its election, initiate
judicial action to recover such sum or defend on
behalf of VILLAGE, against any demand so made at
its own cost and expense, and in such event, OWNER
and VILLAGE shall be bound by such judicial deter-
mination as may result. If OWNER shall not commence
-6-
such action or defend such demand as may be made
within the time provided herein, VILLAGE may, at
its option, pay the sums deposited by OWNER to
the parties intended to benefit by Ordinance
No. 522, aforesaid.
D. Other than as specifically set forth herein.,
OWNER shall not be required to make any con-
tributions or donations to the VILLAGE or any
other public or private, government unit or
district as a condition to annexation o,f the TRACT.
13. APPLICATION OF ORDINANCES AND FEES. Except as
expressly modified herein, all ordinances of the VILLAGE which
shall govern the development of any improvement of the TRACT,
and all fees of the VILLAGE which may apply in the development
of any improvement upon the TRACT, shall be those in effect
as of the date of issuance of the building or construction
permit for each such improvement, and no ordinances or fees
thereinafter enacted by VILLAGE which are more restrictive or
result in a greater cost shall be applicable to such improve-
ment for which any permit has been issued. It is further
agreed, however, that any new ordinances or fees hereinafter
enacted by the VILLAGE which are less restrictive or result
in a lesser cost shall, at OWNER' s election, replace those
then in effect as they pertain to any improvement under
construction, within the TRACT. VILLAGE agrees that any
new ordinances or fees or amendments to existing ordinances
or fees from and after the date hereof, which may be applied
to the TRACT, shall be non-discriminatory toward the TRACT.
-7-
The VILLAGE agrees not to interpret any such existing
or amended ordinances so as to prevent commencement of con-
struction of the buildings or other improvements or the
development or use of the subject property as shown on the
PLAN by the OWNER, provided that all plans meet the require-
ments of all applicable ordinances of the VILLAGE then in
effect. .
14. STOP ORDERS . The VILLAGE will issue no stop
orders directing work stoppage in the building upon the
TRACT without specifying and detailing the section of the
VILLAGE Code, or portion thereof, of this Agreement violated
by the OWNER.
15. CERTIFICATE OF OCCUPANCY. The VILLAGE agrees
to issue Certificates of Occupancy within fifteen(15) days of
application or issue a letter of denial specifying and
detailing to the OWNER the basis for the non-issuance of such
Certificate of Occupany, including the section of the Code or
portion thereof of this Agreement relied upon by the VILLAGE.
16. EFFECTIVE TERM. This Agreement shall be
effective for a term of ten(10) years from the date of its
execution.
17 . BINDING EFFECT. This Agreement shall bind OWNER ,
its successors and assigns, and 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.
-8-
Nothing herein shall in any way prevent alienation, sale or
lease of the subject property or portion thereof before or
after the same may be improved, except that said sale
shall be subject to the provisions hereof and of any ordinances
enacted implementing the same, and any subsequent owner shall
be both benefited and bound by the conditions and restrictions
herein and therein expressed.
1S. REMEDIES . It is understood and agreed that
all parties hereto shall have all the rights and remedies as
provided for in state statutes , including the right to seek
disconnection, or to cause disconnection of any territory
or part thereof wherein either the OWNER or the VILLAGE fails
to abide by the terms of this Agreement.
.19.. SEPARABILITY. It is understood that in the
event any provisions of this Agreement shall be deemed invalid,
then the invalidity of said provision shall not affect the
validity of any other provisions hereof .
IN WITNESS WHEREOF , the parties have set their hands
and seals this 10th day of October , 1978, the same being
done after public hearing, notice and statutory requirements
having been fulfilled.
. 9-
FIRST NATIONAL BANK OF DES PLAINES,
not individually, but as Trustee
under Trust Agreement dated
June 26 , 1973, and known as
Trust No. 72131804
ATTEST:
By
ASSISTA_vi T2UST T.17i7:,:SMMNT OFI,ICEK �rtlr 1 u3 ):i
BY
TERENCE BOLGER
VILLAGE OF ELK GROVE VILLAGE
ATTEST:
By Charles J. Zettek 1
Vi a e Clerk Village Presidnyn
C - �5� 9 jn
•%c, - /iia`O.
FIRST NY I0_IAL F IUX O.? DES PI. MES Irar:d Trust f a /''o(
U/' ca.vc. .2-4� 73
It is expressly undarstood and agroccl bV and b.-.bicen the rnnrtios hereto,
an%,t"iinc, il?rein to the contnary n ot-;'ithstcnding, that each incl all Of
the w,9rr:int].es, in(l-r.n .ties, r-?r)r'sent-.tions, Covonants, undertakincrs 2nd
agreeI7ents herein aiwdcon the 7rt of thy: while in form niw.portlnq
to be the 5•I,=ZY nti n_s, indeiclitfes, r nrcz--areuatio,^..4, oovnrlLnnts. uncl rt kin
?nd agrearents of slid Trustor: -ari? n.ovorthc?li. is cnah. and avenj one of tiler',
mads cnd intc-i6 'd not as rcrson,'l wurrantioP, irelemitles, represe'.ntati3Ons,
enc' 7icr_-C'.Gm--ntT. 'r,�! 'l-^- Trustee or £or the vurnose
or. �•:_th th;: ?r::t�: tion o:"c hi!Zc7i.>.?.cr snid Trusts: rerson::Lly but radea
and intendd for t-a A1L'17o :? of b:r.:i_?!cr cniv tlaat oortion of th:: trust
PrC7 -rt-7 ic;_!ly de`: '. '�' h r•:A , l }. 5t.raront is ^:tec�lted
�C= :. n 'L'1(.. t rl a lrl�
a^ by szdd Tru stca not in i"i s own Yic`:_t, but solely in the
exarcise CL U-Ic n-wers iz)on it as suf,:, Trost Ce; and that no
fir.=onal l.idoility or p rscna1 respcnsibi' li.ty is s ra:9 by ror
at try t__na be ensortC:-:'. or c7 orc--al,le aC'lai.ot First Naltic,n al B:.T& of
Dc:'4 lrin:'3 or ="',v of '.:he benefiClatieS under said Trust. !'-aCrf.'a.ocy-?nt, on '.
account of this i 1strLr"l nt or on a.occi nt of env warranty, indei?nity,
rC:urJsantatlon, C`,.^.v�nant, uncie..rtrk'ng or ACjreem:: nt o{ tho said, `irilSt^e
in t2lis instruT:^St CCntaln,-d, either e'.} ,�. ressti or 7.Slolied, all such manoral
liability, if any, being eymrescly w-dved and roleas d.
FIRST NATIO:•,M1, BR_IK OF PRO, PLAZT.IES
BY
Asst. Trust Off..
Attest
?Leet. ice res.- Aget.
Dated'._ _ / o
EXHIBIT A
That part of the North 295 .165 feet of the West 295 . 165 feet of the
West 80 Acres of the South 160 Acres of the North 262 Acres of
Section 31, Township 41 North, Range 11, East of the Third Principal
Meridian, (excepting therefrom that part taken for highway purposes)
in Cook County, Illinois.
M IT 8
PLAT OF ANNEXATION
OF
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