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HomeMy WebLinkAboutRESOLUTION - 104-78 - 12/12/1978 - PRE ANNEX AGRMT/GARLISCHRESOLUTION NO. 104-78 A RESOLUTION AUTHORIZING A PRE -ANNEXATION AGREEMENT (GARLISCH) 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, a copy of which is attached, relating to the annexation of property known as the Garlish 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: 4 NAYS: 0 ABSENT: 2 ATTEST: APPROVED: Charles J. Zettek VILLAGE PRESIDENT 4 ACTING fUW VILLAGE CLERK PASSED this 12th day of December , 1978 APPROVED this 12th day of December 1978 ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this Day of 1978, by and between the VILLAGE OF ELK GROVE VILLAGE, a municipal cor- poration 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 Arnold W. GarZisch and his wife Elvira, Lawrence H. GarZisch and his wife Norma M., Mabel G. Busse and her husband Wallace W., Margaret Kirchhoff and her husband Ervin W., Pamela CarZisch, Mark Kevin GarZisch and Enid Schmitz, and Lawrence Pagni and Raymond J. Bayster, the owners and proposed developers of certain real estate, the Legal of which is: That part of the west 1/2 of the east 1/2 of Section 22, Township 41 north, range 11 east of the Third Principal Meridian, described as follows: beginning at the center of said section 22 and running thence north 0 degrees 1 min- ute 13 seconds east along the west Zine of the north east 1/4 of said section 22, 857.0 feet to the southerly Zine of the Northern Illinois Gas Company right of way; thence south 44 degrees 36 minutes 53 seconds east along said southerly Zine 1462.82 feet to the westerly Zine of a tract of Land conveyed to the Commonwealth Edison Conpany; thence south 22 degrees 49 minutes 30 seconds east 653.73 feet to the south line of said tract conveyed to the Coc,,mon;>ealth Edison Company; thence north 89 degrees 58 minutes 46 sec- onds east along said south Zine 45 feet to the east Zine of the west 1/2 of the east 1/2 of said section 22; thence south 0 degrees 1 minute 14 seconds east along said east Zine 168.60 feet to the south Zine of the north 971.0 feet of the south east 1/4 of said section 22; thence south 89 degrees 21 minutes 46 seconds west'aZong a Zine 971.0 feet south of and parallel with the north Zine of the south east 1/4 of said section 22, 1077.15 feet to its intersection with a Zine 249.63 feet east of and parallel with the west Zine of the south east 1/4 of said section 22; thence south 0 degrees 1 minute 13 seconds west along said parallel Zine 276.52 feet to the center Zine of Higgins Road; thence north 79 degrees 11 minutes 38 seconds gest along said center Zine 79.03 feet to its intersection with a Zine 172.0 feet east of the west Zine of the south east 1/4 of said section 22; thence north 0 degrees i minute 13 seconds east along said parallel lire, 811.61 feet to its intersection with a Zine 419.43 feet south of and parallel with the north Zine of the south east 1/4 of said section 22; thence south 89 degrees 21 minutes 46 secon^s west along said parallel Zine 172.0 feet to the west line of the south east 1/4 of said section 22; thence north 0 degrees 1 minute 13 seconds east along said west Zine 419.43 feet to the point of beginning (except that part taken for Higgins Road), in Cook. County, Illinois. and as set forth in Exhibit "A", attached 'hereto, and rode a part hereof and incorpceated herein by reference (which real estate consists of ap- proximately thirty-one plus (310 acres and is hereinafter referred to as "the subject property" and which real estate ad!oins, abuts and is contiguous to corporate limits of the ViZl(zge of Elk Grove Village, Illinois; and WHr,'h:SAS, the subject property constitutes territory which is contiguous to and may be annexed to the VILLAGE OF ELK GROVE VILLAGE, ILLI70IS, as provided in Article 7 of the Illinois ldunicipal Code (Illinois Revised Statutes, 1975, Chapter 24); and WHEREAS, the OTIPIER-DEVELOPERS desire 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 mould 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. WHEREAS, any fire protection district, or other entity of person entitled to notice prior to annexation of the subject property :wive been given notice as is required by Ix -j. NOW, THEREFORE, in consideration of the premises and of tize m.t,ial covenants and agreements herein contained, IT IS HEREBY NU'TUALLY AG17EED by and between the under.sipzed as follows: 1. STATUTORY AUTHORITY. This Agreement is made pursuant to and in accordance with the provisicns of Illinois Revised Statutes, 1975, C%zzp;er 7,4, Section 11-15.1-1, et. seq. 2. PETITIO:d FOR A..1,"o) iTIOV. The 0'" ER -DEVELOPER has filed wit the Village Clerk a proper petition for the annexation of the subject property to the VILLAGE OF ELX CROVE VILLAGE, ILLI;iOLS, conditioned upon the terms and provisions of the Agreement. The OWNER-D`,'VELOPEP, has paid all appropriate fees and deposits. 3. ANNEXATION ORDINANCE. The Corporate Authorities, upon the execution of this Agreement, shall enact within thirty (30) days hereof, an ordinance annexing the property shown on the Plat of An- nexation attached hereto as "Exhibit A" made part hereof and incor- porated herein by reference. 4. ZONING PER OFFICIAL MAP. The subject property, pursuant to Section 24 of the Zoning Ordinance of the Village, shall upon annexa- tion be classified as I-1, Restricted Industrial. The I-1 Restricted Industrial District is the zoning classification ascribed to the subject property upon the official map of the Village. It is understood and agreed that no petition or public hearing or other action need be taken by or on behalf of the OWNER -DEVELOPER to obtain said I-1 zoning classi- fication once the subject property is annexed to the Village. It is further understood and agreed that the effective date of said annexation shaZZ be the date upon which the annexation ordinance is passed and approved by the Corporate Authorities. 5. PAYMENT OF FUND, The OWINER-DEVELOPED agrees to pay the Village the sum of $ 15,914.00 for use in connection with the Village's Traffic Signal - MunicipaZ Purpose Fund upon annexation. 6. APPROVAL OF SU3DIVISIO,',' 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 OWNER -DEVELOPER and approved by the Village in compliance,..,.-,.. with -'he Village's Subdivision Control Ordinance. Said Plat shall be substantially in accordance withthe preliminary Plat attached hereto as "Exhibit B" made a part hereof and incorporated herein by reference. -3- 7. ORDIA7NXE 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 discriminatory in its effect upon the development of 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 ordin- ance 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. 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 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. 8. PUBLIC STREETS. The 04SER-DEVELOPER agrees to dedicate and construct the public streets delineated an "Exhibit B" according to Village Ordinance and standards therefore. The 60 -foot right-of-way illustrated on "Exhibit B"and referred to as Pagni Drive will be extended to the east property line of the subject property. The OWNER -DEVELOPERS agree to construct a cuZ-de-sac at the eastern end of Pagni Drive. Said euZ-de-sac shall exist until such time as the abutting east property is annexed and developed in the Village. The Village shall accept dedication of all public right-of-way and improvements illustrated on "Exhibit B" as provided herein. 9. WATER AJD SA..VITARY SEINER. For the purpose of providing water and sanitary sewer service to the subject property and the buildings to be constructed thereon, the 0,WIER-DEV ELOPER shall do the following: M (1) Connect to two (2) existing Village water mains and the cost of the connection to be at the OWNER -DEVELOPER'S expense. Both locations for water connections to the existing water mains must be approved by the Village F,ngineer. The Village agrees that the existing water system is adequate to accommodate the normal daily water use of firms characteristic of I-1, Restricted Industrial District. For purposes of this Agreement, the average daily water usage for a firm in the I-1, Restricted Industrial District shall be 1,000 gallons per day. The OWNER- DEVELOPER shall be required to give the Village notice of all potential water users which are estimated to exceed the average daily water usage by 150% in advance of selling or leasing any of the subject property. The Village retains the authority to advise the OWNER -DEVELOPER that those potential water users which will exceed the average daily water use by more than 150% are unacceptable to develop on the subject property because such development would place an unacceptable burden on the Village's water system. (2) Connect to an existing Village sanitary sewer line and the cost of the connection to be at the OWNER -DEVELOPER'S expense. The location for the sanitary sewer connection to the Village's existing sanitary sewer Zine must be approved by the Village Engineer. The Village agrees that the existing sanitary sewer service is adequate to accommodate the needs now and when fully developed. 10. PUBLIC IMPROVEMENTS - SECURITY. At the time public im- provements are installed and approved by the Village Engineer, the OWNER -DEVELOPER 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 Trustees for permanent maintenance by the VILLAGE. The OW:+'ER-DEVELOPER shall be required to give the VILLACE security for the installation of all public improvements, pubZically 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, in- cluding but not limited to an irrevocable letter of credit drawn on a Chicago area bank with assets in excess of Ten Million Dollars (510,000,000.00), such letter being effective for the length of time - -5- 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 -DEVELOPER. The security given shall at all times be equal to the original estimated cost of the improvements being constructed in - the development. 11. DEVELOPMENT IN GENERAL CONFORMITY WITH PRELIMINARY PLAT OR SUBDIVISION. The OWNER -DEVELOPER.. shall cause the subject property to be irrmroved in general conformity with the preliminary Plat of Subdivision, 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. 12. PERMIT FEES. The VILLAGE agrees to charge the OWNER - DEVELOPER 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. 13. DISPOSITION OF EXISTING BUILDINGS. The OWNER -DEVELOPER agrees to demolish all substandard buildings on the subject property prior to the issuance of any occupancy permits. 14. STOP ORDERS. The VILLAGE will issue no stop order direct- ing 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 -DEVELOPER. 15. CERTIFICATE OF OCCUPA71CY. The Village agrees to issue certificates of occupancy within fifteen (15) days of application or issue a letter of denial informing the OWNEP.-DEVELOPER as to what sec- tions of the Code relied upon by the VILLAGE in its request for correction. 16. EFFECTIVE TERM, This Agreement shall be effective for a term of ten (10) years from the date of its execution. However, it is agreed t%;at in the event that the annexation of any of the subject -6- I property or any of the terms of this Agreement are challanged in any court proceeding, the period of time dui -,ng which such litigation is pending shall not be included in calculating said ten (10) year term. 17. BINDING EFFECT. This Agreement shall bind heirs and successors and assigns of the OWNER -DEVELOPER, 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 restrictions herein and therein expressed. 17.a. LIVELY BOULEVARD EXTENDED - UNBUILDABLE STRIP OF PROPERTY. That due to the extension of Lively Boulevard to be located on the subject property as set forth on "Exhibit B", it is understood that a strip of land 16.63 feet in width and 811.61 feet in length, adjacent to said Lively Boulevard extended will remain but will be unbuildable under applicable provision of existing Village Ordinances. The OWNER -DEVELOPER agrees to maintain said strip until such time as it is developed as a result of acquisition of adjacent property and further annexation into the Village. 17.b. DETENTION - DRAINAGE DITCHES. The OWNER -DEVELOPER shall construct a storm water drainage system and it shall be an open ditch or enclosed pipe system located on private property and adjacent to property lines. The location and construction of said 'drainage ditches shall be in accordance with 14SD requirements and Village ordinances where applicable and shall be approved by the Village Engineer. The drainage system (open ditches or enclosed pipes) shall be owned and maintained by the OWNER - DEVELOPER, or the assigns or successors in interest of the OWNER -DEVELOPER. 18. 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. dAN r 19. NOTICE. All notices and demands shaZZ be sent by certified or registered mail to the "OW:NEMEVELOPER", c/o LAWRENCE PAGNI, 1265 OAKTON STREET, ELK GROVE VILLAGE, ILLINOIS, 60007. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals this __LZ.. day of �E Ems, 1978, the scone being done after public hearing, notice and statutory requirements having be BY BY BY BY BY BY AT VILLAGE OF ELK GROVE: / i, / ATTEST: J `2&� BY: / AcrgDeputy Village Clerk Villa