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HomeMy WebLinkAboutRESOLUTION - 68-78 - 8/29/1978 - PRE ANNEX AGRMT/SCHMIDT RESOLUTION NO. 68-78 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A PRE-ANNEXATION AGREEMENT (SCHMIDT) NOW, THEREFORE, 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 applicable to property commonly known as the Schmidt Farm, a copy of which is attached hereto, be and 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 on behalf of the Village of Elk Grove Village , but only after said Agreement has been first executed by all other necessary parties thereto. Section 3 : That if said Pre-Annexation Agreement is not duly executed by all necessary parties , other than the Village President and Village Clerk, on or before October 3 , 1978 , then this Resolution shall be null and void. Section 4 : That this Resolution shall be in full force and effect from and after its passage by two-third' s (2/3rd' s) of the Corporate Authorities of the Village, and approval , according to law. VOTES: AYES : 4 NAYS : 0 ABSENT: 2 APPROVED: ATTEST: L,5, ZIT� VILLAGE CLERK PASSED this 29th day of August , 1978 . APPROVED this 29th day of August , 1978 . Ppv. 8�4173 4 '17 7';,'.^, AINIZUTION AGREE= rJJ-JTS AGREE1,F=, made and entered into thir day of 1978 by and between the VILLAGE OF ELK IRCIVE VILLAGE, a municipal corpora- tion organized and existing Linder and by virtue of the laws of the State of Illinois (hereinafter referred to as "the VILJAGE1') by and through its President and Board of T�,ustees (hereinafter referred to collectively as "the Corporate Authorities") , and ROBERT F. SCFMIDT and FRANK R. STAPE BUILDER, INC. , an Illinois corporation (hereinafter referred to as "the OWNERSti), W I T N E S S E T H: WHEREAS, ROBERT F. SCHMIDT is the owner of record of certain real estate, the legal description of which is set forth on Exhibit "Aff, attached hereto, made a part hereof and incorporated herein by reference (which real estate contains approximately one hundred twenty (120) acres and is hereinafter referred to as "the Subject Property") and which real estate adjoins, abuts and is contiguous to corporate limits of the VillaE-,e of Elk Grove Village, Illinois; and WHEREAS, ROBERT F. SCHMIDT has entered into a certain contract dated the 19th day of August, 1977 to sell the Subject Property to FRAla R. STARE BUILDER, INC.; 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, 1973, Chapter 24); and WHEREAS, the OW13JFRS desire to have the Subject Property annexed to the Village of Elk Grove Village, Illinois, upon certain terms and conditions heminafter set forth; and ISH, ANCS, HARRIS F , REEE)MAN 7 W.WA9HINGTON ST. C.�C�GO 6.602 346-�390 MEREAS, the Corporate Authorities, after due and careful considera— tion, have concluded that the annexation of the subject property to �h- e VILLAGE would further the orderly p;rowth of the VIIIA(1E, e'nable the VILLAGE to control the development of the area, and serve the best interest of the VILLAGE; and IVIFEREAS, pursuant to the provisions of Illinnis Revised Statutes, 11073, Chapter 24, Section 11-15.1-1, et seq. , a proposed annexation agreement in substance and form the same as this AR--(,ement 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, library 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 I=Y MUWALLY AGREED by and between the undersigned as follows: 1. STAiUTOFY AUTHORITY. This Agreement is made pursuant to and in accordance with the provisions of Illinois Revised Statutes, 1973, Chapter 24, Section 11-15.1-1, et seq. 2. PETITION FOR A1TTEXATTO1,T. The MERS of record have filed with the Villap-,e Clerk a proper petition for the annexation of the Subject Propertylto the VILLAGE OF ELK GROVE VILLAGE, Illinois, conditioned upon the terms and provisions of this Agreement. The OWINERS have paid all appropriate fees and deposits. 3. AMTEXATION ORDINANCE. The Corporate Authorities, upon the execution of this Agreement, shall enact an ordinance annexing the Subject Property to the VILLAGE. 4. ZUNING PER OFFICIAL MAP. The Subject Propertv, pursuant to Section 2.4 of the Zoning Ordinance of the VILLAGE, shall upon annexation be classified automatically as R-3 Residential District, which is the zoning classification ascribed to the Subject Property upon the official Trap of the VILLAGE. It is understood and agreed that no petition or L�' UM� public hearinF or other action need be taken by or on behalf of 01�RTERS ASH, ANOS, HARRIS & CRECOMAN � I ST. ZHIC"U0 6060� -2- to obtain said R-3 zoning classification, 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. DONATION OF LAND. The OWNERS agree to donate 11.9 acres of land, exclusive of streets, easements and water courses and wet or dry retention basins, to the VILLAGE for the use as Riblic Land. In addition, the O�JNERS agree to donate to the VILLAGE approximately 6.0 acres for dry retention. The 6.0 acres for retention and the 11.9 acres that will be donated to the VILLAGE are indicated on the attached Site Plan. The 11.9 acres of Public Land and said 6.0 acres of dry retention must be graded and seeded by the OWNERS. A proper deed, duly executed, and a Plat of Survey for the above property must be delivered to the VILLAGE concurrently with the OWNER'S delivery of a two year maintenance bond as required in Paragraph 21 of this Agreement. 6. PAYMENT TO FUND. The OWNERS agree to pay the VILLAGE the sum of $61,082.00 for use in connection with the VILLAGE'S Traffic Signal and Municipal Purpose Fund. Said sum shall be paid as follows: $15,270-50 upon annexation and $15,270-50 annually thereafter until said full sLun is paid. 1 7. APPROVAL OF SUBDIVISION PLAT AND OTHER ACTIONS BY VILLAGE. Upon the annexation of the Subject Property as aforesaid, the VILLAGE shall approve, accept and record a Final Plat of Subdivision covering the entire 120 acre parcel, and the Plat shall be prepared by the OWNERS in compliance with the VILLAGE'S Subdivision Control Ordinance. Said Plat shall be substantially in accordance with the preliminary Plat attached hereto as Exhibit "B" made a part hereof and incorporated herein by reference. 8. WATER. For the purpose of providing water to the Subject Property and the buildings to be located thereon, the OWNERS shall be permitted to connect to the existing VILLAGE water mains located at the northeast and southeast corners of the Subject Property. OWNERS shall provide the VILLAGE with written receipt or approval from Centex to connect to the Centex's water system. The OWNERS shall also LAW OFFICE� pay all appropriate utility connection fees, tap on charges and similar ASH, ANCS, HARRIS IS FREEDMAN fees as are generally enforced in the VILLAGE. 77 W.WASHINGTON ST. ZHIH�A.G BOB.. 34S-1390 -3- 'JA1JTA11v SENER. The 9,,PNEFL9 will provide sanitary sewer service to the Subject Property and the buildin7s to be constructed thereon, by connection into the existing Centex lift station located alon�,r NerFe Road approximately 1,150 feet west of Meachrun Road. 'The VILLAGE agrees that the Centex lift station, force main and trink sewer to the MetroDoli�an Sanitary District treatment plant at Unner Salt Creek is adequate to accomodate the needs of the Subject Property now and when fully develoned. OW= shall provide the VILLAGE with written receipt or approval from Centex to connect to the Centex's sanitary sewer system. 10. ORDINA11CrS TO APPLY.- The VILLA(­TE reserves the right to amend its Zoning and Subdivision Ordinance, its Buildinr 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 alad safety, by general Ordinance Amendments applicable to the development of all property in the VILLAGE, but no such Ordinance shall be discriminatory in its effect upon the develcpmert of the Subject Property. The VILLAGE agrees that for a period of ten (10) years from the date of Pxecuticn 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 contem- plated 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 construction and development of the Subject Property, shall not be increased for a period of ten (10) years as 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. —4— ',SH,AN05, HARMS & FREEDMAN �. .111, ST. CHICAGO 60602 349-1390 11. DEVFJLPDUIT IN GENERAL CONFOFMTY WITH PREL17,11NARY FLAT OF SUBDIVTSION. The OWNERS shall cause the Subject Property to be improved in general conformity with the preliminary plat of subdivision. The final plat of subdivision and supporting documents shall meet 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. NIAXM.4 RATE OF CONSTRUCTION OF DWELLING UNITS. Notwithstanding anything in this Agreement to the contrary, it is understood and agreed that OWNERS shall be limited to a maximum of one hundred and thirty five (135) single family dwelling units completed and occupied in each twelve (12) month period beginning the day of 1 1978. In the event that OWNERS do not complete said maximum of one hundred and thirty five (135) dwelling units in any such twelve (12) month period, OWNERS shall have the right to accumulate any unused portion of said one hundred and thirty five (135) units and add them to the maxim= number of completed units OWNERS may choose to complete in any succeeding twelve (12) month period. It is further understood and agreed that the limitations of completed and occupied dwelling units contained in this paragraph shall apply only for that period of time during which the VILLAGE in its judgement determines from time to time that a critical water shortage exists in the VILLAGE and that it must restrict the use and occupancy of new dwelling units within the VILLAGE in order to preserve a reasonable amount of water supply to dwelling units existing on the day of 1978. When any such critical water supply shortage shall cease, the limitations of this paragraph shall be considered suspended and of no force and effect, until and unless the VILLAGE in its judgement again determines the existence of another critical water supply shortage, at which time the provision of this paragraph shall again become effective. LAW OFFICES ASH,ANOS, HARRIS & FREEDMAN -5- P7 W.WASHINGTON ST. CHICAGO 60602 346-L390 The VILLAGE agrees that it will not issue building permits, issue occupancy certificates or otherwise approve the construction of any more residential dwelling units for any other property after the execution of this Agreement which would have the effect of lessening the existing or then current VILLAGE water supply to the point where the CWNERSI units already under construction, completed or permitted by virtue of this Paragiaph, the intention being that an adequate water supply to the Subject Property and the units to be constructed thereon will be protected by the VILLAGE against future development just as the provisions of this Paragraph seek to protect water supply to existing residences with the VILLAGE. 13. PERPUT FEES. The TILLAGE agrees to issue permits and to charge the OUTERS 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. 14 . STOP OML13S. The Village will issue no stop order directing murk stoppage in the building or parts of the project without detailing the section of the Village Code or portion thereof of this Agreement of the Plan violated by the OWNERS. T) . CERTIFICATE OF OCCUPANGV. The VILLAGE agrees to issue certifi- cates of occupancy within 15 days of application or issue a letter of denial informing the OWNERS as to that sections of the Code relied upon by the VILLAGE in its request for correction. 16. RECAF7771E PGREZ-1ENTS INTIT11 OWNERS. In the event that the OWN=ER are required to extend or oversize any water main, sewer or other public improvement beyond that which is required to serve their paTcel only, and which extension or oversizing will serve properties not within the VILLAGE other than the PaTcel of the OWNERS, the VILLAGE agrees to enter into a recapture agreement with the OWNERS wherein that portion of the cost of said public improvement not attributable solely to the OWNERS' parcel would be recoverable by said OWNERS from such other properties benefited over a period not to exceed ten (10) years, and wherein the VILLAGE would agree to require payment of such proportionate share by each such property owner as a condition of annexation and payable prior to making SH,ANOS, HARKS & FREEDMAN the first connection to such public improvements. ST. CHICAGO 60602 346-1390 17. RIGHT OF DISCONNECTION A�S A FEIFfff. The onaties ar-ree that the remedies available to the 01%M=, for dara7es, in the event of a breach of this Agreement by the VILLAGE are inadequate, and that the OWNERS shall have (in addition to all other rights and remedies including, damages), the right to disconnect the Subject Property, or any portion thereof, from the VILLAGE. Upon such petition for disconnection, the VILIACF shall enact such ordinances as may be required to effectuate such disconnection. 18. =­CTIVE TEM. 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 ProT3erty or any of the terms of this Ap ;reement are challenged Jn any Court proceedinp�, the period of time during which such litigation is pending shall not be included in calculating said ten (10) year term. 19. BDTDING EFFECT. This Agreement shall bind heirs and successors and assiRns of the OWNERS, 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 MOVE VILLAGE and the new OWNERS shall be both benefited and bound by the conditions and restrictions herein and therein expressed. 20. SEPARABILITY. It is understo od 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. 21. PUBLIC EMPROVE=S - SECURITY. At the time such public improvements are installed and approved by the VillaFOe Engineer, the OWNER shall cause a Bill of Sale, one set of mylar as-built 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 pertranent maintenance by the Village. LAW OFFTCES ASH,ANCS, HAPRIS & FREEDMAN 17 W.WASHINGTON ST. CHICAGO 60602 346-L390 7-ie 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 Villare Manager to be satisfactory, including but not limited to an irrevocable letter of credit drawn on a Chicap,,o area bank with assets in excess of $10 Million Dollars, such letter being; effective for the lenFth of time required to complete such improvements and certifying that adequate f',-Mds will remain available in a form to allow the Villa7e to procure the ftinds irrevocably committed to complete the required public imnrovements and construction, if said improvements shall be in default for a period of sixty (60) days after written notice thereof by the Villa�re to the D.-iner. The security given shall, at all times, be equal to the original estimated cost of the improvements being constructed in the development. Nothing in this AFreement shall be construed as restrictinF, FRA14K R. STAPE BUILDER, INC. 's option, if it so desires, to undertake installation of its public improvements in three stages. If FRANK R. STAPE BUILDER, INC. so elects, it may satisfy the provisions of this Paragraph 21 by furnishing the required security for each stage prior to undertaking construction thereof. The Village Engineer must approve the designation of the areas with respect to each separate stage of development including the initial streets and public utilities which will be included in each stage. After comoletion Of the third stage of development, F11,/U1K R. STAPE BUILDER, INC. shall provide a two (2) year maintenance bond for all public improvements including the first, second and third stages of develop- ment. Storn detention facilities must be designed and constructed to handle all the runoff within each respective drainage basin, according to the complete development plan illustrated on the attached preliminary site age development plan. Plan, regardless of any approved stL L�� OFFICES ASH,ANDS, HARRIS & FREEDMAN 77 W.WAGKI�TON ST. CHICAUD 60602 346-1390 22. DISANNEXATION FRU4 SCHAUFBURG PARK DISTRICT. The Subject Property is presently within the jurisdiction of the Schaumbury Park District. The developer agrees to cause said property to be disannexed from the Schaumburg Park District and annexed to the Elk Grove Park District and to effectuate same, the developer a�Tees as follows: (a) To cause the filing of all necessary petitions and/or documents required for the disannexation of the Subject Property from the Schaumburg Park District and the annexation to Elk Grove Park District within 60 days of the annexation. (b) Should such disannexation be contested by the Schaumburg Park District, the OWNER will pursue such steps as are necessary, including legal action at the OWNERS' expense, to accomplish such disannexation. IN WITITESS �IEREOF, the parties hereto have set their hands and seals this day of , 1978 the same being done after public hearing, notice and statutory requirements having been fulfilled. Robert F. Schmidt FRANK R. STAPE BUILDER, INC. , an Illinois corporation By- ATFEST: Its President Secretary VILLAGE OF ELK GROVE VILLAGE By- ATIFST: Village Clerk LAW OFFICES A5H, ANGS, HAHRIS & FREEDMAN -9- '7 W.WASHINGTON ST. CHICAGO 60602 ,- KH:3-7 A The Northeast quarter of Sacticn 15, To-..,nsh:-'). 411 North, 9—ye 10, East of the Third Princical l7erf:!Lan. (c--�cept the North Ialf of the North,.,rest quarter of the Northeast quarter and the South half of the SDuth�,,-est quarter of said Northeast quarter of Section 35 aforesaid) in Cook County, Illinnis.