HomeMy WebLinkAboutRESOLUTION - 91-77 - 12/13/1977 - AMEND ANNEX AGRMT RESOLUTION NO. 91-77
A RESOLUTION AUTHORIZING THE VILLAGE
PRESIDENT AND VILLAGE CLERK TO SIGN
AN AMENDED ANNEXATION AGREEMENT IN
CONNECTION WITH THE REGENCY SQUARE
DEVELOPMENT PROJECT
WHEREAS, the President and Clerk of the Village of Elk Grove
Village were previously authorized by Resolution No. 56-70 to enter
into an Annexation Agreement with the Shell Development Project on
the Wallace Busse farm; and
WHEREAS , the present owners of the real estate annexed pursuant
to said Resolution are the Bianco Development Company and the Elk
Grove Development Company; and
WHEREAS , said successor owners are desirous of amending the
original Annexation Agreement to the extent hereinafter enumerated
and adhering to such other provisions of the original Annexation
Agreement which remain unchanged.
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 and Village Clerk are
hereby authorized to execute an amended Annexation Agreement, a copy
of which is attached hereto, between the Village of Elk Grove Village
and the Elk Grove Development Company.
Section 2 : That this Resolution shall be in full force and
effect from and after its passage and approval according to law.
VOTE: AYES : 6
NAYS: 0
ABSENT: 0
APPROVED:
ATTEST:
Ronald L. Chernick �,
VILLAGE PRESIDENT
V71LLAGE CLERK
PASSED this 13th day of December , 1977 .
APPROVED this 13th day of DecPmher , 1977.
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AMENDED ANNEXATION AGREEMENT ,�,,,����JJ
THIS AGREEMENT, made and entered into this/fa day of
A&&Ie.977, between the VILLAGE OF ELK GROVE, a Municipal
Corporation of the County of Cook in the State of Illinois, hereinafter
referred to as the "Village, " and OLD ORCHARD BANK AND TRUST
COMPANY, as Trustee under Trust No. 7720 and CHICAGO TITLE AND
TRUST COMPANY, as Trustee under Trust No. 60904, hereinafter referred
to as "Owners. "
WITNESSETH :
WHEREAS, the Owners consist of the record title holders of the
real property, which is the subject of the Amended Annexation Agree-
ment and described in Exhibit A attached hereto, and
WHEREAS, the subject real estate was annexed to said Village
pursuant to an Annexation Agreement dated June 23, 1970, as provided
by statute, and
WHEREAS, there has been submitted to the Village, an appli-
cation to amend the zoning of said real estate authorized by the aforesaid
Annexation Agreement, and
WHEREAS, the Corporate Authorities of the Village have
considered the application for amending the zoning of said real estate,
and
WHEREAS, Old Orchard Bank and Trust Company, as Trustee
under Trust No. 7720 holds title to the section of the real estate described
as Parcel I, in Exhibit A attached hereto and Chicago Title and Trust
Company, as Trustee under Trust No. 60904 holds title to the portion
thereof described as Parcel II, in said exhibit, and
WHEREAS, the Village is agreeable to such development in such
manner, and
WHEREAS, all other matters, in addition to those specifically
referred to above, which are included in this Amended Annexation
Agreement have been considered by the parties hereto, and the develop-
ment of said property in accordance with the terms and conditions of
this Agreement, will inure to the benefit and improvement of the Village
in that it will increase the taxable value of the real property within its
corporate limits, will promote the sound planning and development of
the Village and will otherwise enhance and promote the general welfare
of the people of the Village, and
WHEREAS, in reliance upon this Agreement by the Village and
the performance by the Village of the undertaking hereinafter set forth
to be performed by it, said Owners are willing to undertake certain
obligations as herein set forth, and
WHEREAS, it is the desire of the Village and the Owners that
the development of the real property proceed as conveniently as may be,
and be subject to the ordinances, codes and regulations, except as
hereafter set forth, of the Village, subject to the terms and conditions
hereinafter contained,
NOW, THEREFORE, for and in consideration of the mutual
promises and agreements herein contained, the parties hereto agree
as follows:
ONE: The Village agrees to enact and adopt, simul-
taneously with the execution of this Agreement, ordinances zoning the
real property which is involved in this Annexation Agreement in
accordance with the development plat labelled "Exhibit B" and attached
hereto.
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TWO: Owners, individually and collectively, shall
be responsible for causing construction of sanitary sewers, storm sewers,
water mains, sidewalks, streets, curbs and gutters, street lights and trees
as required by the Village Subdivision control ordinance. All of the
engineering shall be with the approval of the Village Engineer.
THREE: In lieu of a performance bond for offsite improvements,
the Owners and developer may furnish evidence satisfactory to the Village
Attorney that the lending institution financing the development project will
irrevocably guarantee payment for said improvements and authorize the
Village to draw on the guarantee if the owners fail to complete said
improvements upon the request of the Village Engineer. Such evidence
shall be submitted prior to the issuance of any building permits to the
respective parcels. _
FOUR: The Owners each have submitted and the Village
has approved land plan uses for the property in substantial accordance
with "Exhibit B" attached. It is not the intention of the Owners to sub-
divide the property, but to construct the improvements in phases of
construction consistent with the plan set forth above. Said plans are
reasonably delineated both as to land planning, architectural structuring
and dimensions within Exhibit B and are set forth with additional
delineations and specifics specifically as to engineering requirements
within Exhibit C attached.
FIVE: The Owners each individually and collectively agree
to improve the property in accordance with Village standards; to dedicate,
and the Village agrees to accept the dedication, of the streets and improve-
ments referred to on Exhibit C and specifically those streets referred to
as Perrie Drive and Grove Terrace and the public improvements contained
therein, at such time as they comply with Village Subdivision Control
Ordinance requirements, including design, construction and Deed of
Conveyance, as-built engineering mylars, and a two (2) year maintenance
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bond. The Owners shall tender dedication of said improvements within
five (5) years of the effective date of an ordinance issued in accordance
with this Agreement or at such time as occupancy permits are issued for
seventy-five (75%) percent of the approved units, whichever comes first.
SIX: Owners shall each provide reasonable access for
construction vehicles and repair any damage done thereby.
SEVEN: Owners hereby agree jointly to landscape and
screen along the residential property and park site. Said landscape and
screening plan must be approved by the Village Plan Commission prior to
occupancy of owners' proposed development of the subject real estate.
EIGHT: The Village agrees that it has approved the pyran
on Exhibits B and C and it shall be effective as a preliminary and .nal
plan during said five (5) year period.
NINE: No ordinance shall be adopted which shall prohibit
a plan of development consistent with the existing plat of development
attached hereto as Exhibit B.
TEN: This Agreement shall be of no force and effect
until the ordinances adopting the amended annexation agreement have
been duly enacted by the Village.
ELEVEN: This Agreement shall be enforceable in any court
of competent jurisdiction by any of the parties or by any appropriate
act at law or in equity to secure the performance of the covenants
contained herein.
TWELVE: If any provision of this Agreement is held invalid,
such provision shall be deemed to be excised therefrom and the invalidity
thereof shall not affect any of the other provisions contained herein.
THIRTEEN: This Annexation Agreement shall be binding upon
the parties hereto, successor owners of record of land which is subject
to this Agreement, lessees and upon any successor municipal authorities
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of said Village and successor municipalities for a period of ten (10) years
from the date of execution hereof.
FOURTEEN: Except as othereise provided herein the aforesaid
Annexation Agreement remains in full force and effect.
FIFTEEN: Retail landscaping businesses, retail vegetable
stands and all other commercial business operations shall be prohibited.
SIXTEEN: In addition to all other requirements for public
improvements the owners shall, by July 1, 1979, install a street and
public utilities from the south line of the Commonwealth Edison Right of
Way to the center line of Commonwealth Edison Right of Way to link up
with a similar extension of Kent Street to the North.
To guarantee the above public improvements the
Owners will cause to be delivered to the Village an irrevocable letter of
credit or such other binding security authorizing the Village to draw on
a designated bank an amount equal to 110 percent of a mutually agreed
upon cost estimate of completing said public improvements upon presentation
to the bank of a statement by the Village that the Owners have failed to
complete said public improvements by July 1, 1979.
SEVENTEEN: The Owners agree to construct within the develop-
ment common facilities in the nature of recreational buildings, swimming
pool, tennis courts and associated related facilities consistent with the
ordinances of the Village.
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EIGHTEEN: The Owners shall be allowed to erect three (3)
permanent illuminated signs of forty-five (45) square feet each located
as required by Village ordinance at approximately the locations indicated
on Exhibit B attached.
VILLAGE OF ELK GROVE
ATTEST:
By
Village Clerk Village President X =q
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OLD ORCHARD BANK AND TRUST F: s
COMPANY, as Trustee under Trust a
ATTEST: CD No. 7720, not individually, 0) CD
This instrument is executed by Old Orchard Bank and Trust Company, not personally but
solely as trustee as aforesaid in the exercise of the power and authority conferred
upon and vested in it as such trustee. All the terms, provisions, stipulations,
covenants and conditions to be performed by Old Orchard Bank and Trust Company herein
are undertaken by it solely as trustee as aforesaid and not individually, in all statements
herein made are on information and belief and are to be construed accordingly and no
personal liability shall be asserted or be enforced against Old Orchard Bank and Trust
Company by reason of any of the terms, provisions, stipulations, convenants and or
statements contained herein.
of the inisrecw.u, ... -_••--
f them, made and intended not r personal warranties, madmni said
of said Trustee are nevertheless each and every one o
representations, covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said
Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically
described herein, and this instrument is executed and delivered by said Trustee not in its own right, but solely in the exercise of
the powers conferred upon it as such Trustee; and that no personal liability or personalon any Bibi styberis a sumed der by ori hallaries at
1 any time be asserted or enforceable against the Chicago Title and Trust Company y o
Agreement, on account of this instrument or on account of any warranty, indemnity, representation, covenant, undertaking or
agreement of the said Trustee in this instrument contained, either expressed or implied, all such personal liability, if any, being
expressly waived and released.
FORM 11 R10-71
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EXIdIBI.T A j '--- ---�— ---- — --
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EXHIBIT A
PARCEL I
A parcel of land in the S. 3/4 of the W._ 1/2 of the E. 1/2 of the N.W. 1/4
of Sec. 27, T. 41, R. it E. of the 3rd P.M. described as follows: Note:
the West line of the above premises is assumed as "Due North" for the
following courses.
Beginning at a point in the East line of said S. 3/4, etc. , 920 ft. S. of the
N. E. corner thereof; thence S. 89' 56' W. , 259 ft. ; thence N. 49° 30' W. ,
909 ft. ; thence N. 87° 20' 40" W. , 431. 53 ft. to a point in the Westerly
line of Perrie Drive, being a curved line whose center lies in a line drawn
at right angles to the said W. line of above tract, through a point in said
W. line that is 861. 61 ft. S. of the N.W. corner of said S. 3/4, etc. , and
said center being 520 ft. E. of said W. line; thence Southerly on said Westerly
curved line of Perrie Drive, convex to the W., having a radius of 3802 ft. ,
an are distance of 372. 81 ft. to the intersection of the Westerly line of
Grove Drive; thence due W. , 284.40 ft. to a point in the said W. line of the
S. 3/4, etc. , said point being 1159. 75 ft. S. of the N.W. corner of said
S. 3/4; thence due S. on said W. line, 143. 30 ft. to a point that is 696. 60 ft.
N. of the S.W. corner of said S. .3/4; thence due E., at right angles to said
W. line, 163. 32 ft. to a point in the Westerly line of said Grove Drive; thence
Southwesterly on the said Westerly line for the following 2 courses, A and B.
A. Thence Southwesterly on a curved line convex to the W. , having a radius
of 731. 75 ft. , an arc distance of 208. 45 ft. to a point of compound curve;
B. Thence Southwesterly on a curved line, convex to the W., having a radius
of 278 ft. , an arc distance at 34. 94 ft. to a point in a line drawn at right
angles to said W. line of the S. 3/4, and through a point in said W. line that
is 476. 70 ft. N. of the S.W. corner of said S. 3/4; etc. ; thence due E. on
said line, 604. 29 ft. to the said E. line of said tract of land; thence N. 0°
04' W. on said line, 612. 93 ft. to the place of beginning; containing 368, 790
square ft. ; and
A parcel of land in the W. 1/2 of the N. E. 1/4 of the S.W. 1/4, lying North
of the center line of Landmeier Road, said center line being 6. 25 chains N.
of the S. E. corner and 16. 78 chains N. of the S.W. corner of said N.E. 1/4
of S.W. 1/4, as measured on the East and W. lines thereof, of Sec. 27, T.
41 N. , R. 11 E. of the 3rd P. M. in Cook County, Illinois, described as
follows --
Note: The W. line of said premises is assumed as due "North" for the
following courses. Beginning at the intersection of said center line of
Landmeier Road with the W. line of said W. 1/2 N. E. 1/4 S.W. 1/4; thence
S. 630 11' 20" E. on said center line, 3852 ft. to the place of beginning;
thence N. 16° 39' E. , 424. 34 ft. to the N. line of said W. 1/2 N. E. 1/4
S.W. 1/4; thence N. 89° 09' E. on said line, 201. 80 ft. to the E. line of
said W. 1/2 N. E. 1/4 S.W. 1/4; thence S. 0° 04' E. on said line, 573. 28
ft. to the said center line of Landmeier Road; thence N. 630 11' 20" W. on
said line, 363. 05 ft. to the place of beginning.
PARCEL NO. 2
A parcel of land in the S. 3/4 of the W. 1 /2 of E . 1 /2 of
N . W.1 /4 of Section 27 , T. 41 N . ,R. 11 East of the 3rd Principal
Meridian , described as follows :
NOTE : The West of the above tract is assumed as
"Due North" for the following courses .
Beginning at a point in the W. line of the above
described tract 491 . 61 -feet S. of the N . W. corner thereof;
thence N . 49a-02 ' -10"E. , 763 . 04 feet to a point in the
North line of said S . 3/4 , etc ;
thence N . 890-08' -30" E . on said line 88 .44 feet to the
N . E. corner of said S . 3/4 , etc ;
thence S . 00-04 ' E. on the East line thereof , 920 . 0 feet;
thence S . 890-56 ' W. , 25D feet ;
thence N . 490-30 ' W . , 901) feet ;
thence N . 870-20 ' -40"W . , 431 . 53 feet to a point in a curved
line , whose center line in a line drawn at right angles to said
W . line of above tract , thru a point in said W. line that is
861 . 61 feet South of the N . W. corner of said S . 3/4 etc ;. and
said center being 520 feet East of said West line .
thence N . E ' ly on said curve , convex to the West , and having
a radius of 380 feet , a distance of 140 .-88 feet ;
thence N . 400-57 ' -50"W. , 271 . 20 feet to the place of beginning .
EXHIBIT C
1. Owners of each Parcel shall provide storm detention in conform-
ance with Metropolitan Sanitary District design criteria and Elk Grove Village
Subdivision Control Ordinance. The storm detention for both sites shall be
approved by the Village Engineer before construction.
2. The development shall provide water mains to service the
buildings set behind the units fronting the roadway. All development of
water mains shall be done according to the specifications of the Village
Engineer.
3. The propdsed structures shall not exceed 3 stories or thirty (30) -
feet in height.
4. The total development, excluding existing units in Parcels I
and II shall consist of the following number of units:
Parcell Parcel 11 Total
(a) one-bedroom apartments 120 78 198
(b) two-bedroom apartments 63 52 115
(c) three-bedroom apartments 9 26 35
5. Sidewalks will be constructed as required by the Village's
Subdivision Control Ordinance and all sidewalks to be installed as shown
on Exhibit B attached hereto and additionally along Landmeir Road.
6. In addition to all other requirements for public improvements,
the Owners shall by July 1, 1979, install a street extension and public
utilities from the south side of the Commonwealth Edison right of way to
the center line of the Commonwealth Edison right of way to link up with a
similar extension of Kent Street to the north.
7. All sidewalks will be provided in accordance with the Village
Building Code.
8. That the Village allow the petitioners a variation to the
Village's common open space requirements and permit development of
the site as illustrated in Exhibit B, due to the unique qualities of the site
as indicated in Exhibit B.
9. That the Village allow the continuation of the provision for
1 112 parking spaces per dwelling unit as provided for under the original
plan approved in June, 1970.
10. The Owners shall create a hookup of the Park Areas with a
60 foot easement west of the northwest parking lot.
11. Implementation of the landscaping and screening plan for the
area of each building shall be completed prior to the issuance of an
occupancy permit. If the weather and planting season prohibits the completion
of the landscaping, the Village shall require a security bond be posted for
the cost of landscaping each Parcel. The security bond shall be posted by
the petitioners prior to the issuing of any occupancy permit. Furthermore,
no occupancy permit shall be issued until all landscaping and recreational
amenities have been installed in the Park Area.
12. The petitioners must provide fire lanes for the entire
development (proposed and existing) according to the specifications of
the Fire Department.
13. The requirements of elevators shall be waived due to the
design of the proposed buildings (the location of the entrances to the
buildings and the landscaping creates 2 1/2 stories above ground).
14. All parking lot lighting (proposed and existing) shall be
installed in conformance with the Village Zoning Ordinance requirements.
15. The owners will provide adequate storm sewers for off-site
upstream drainage, and the drainage for the entire development must be
submitted on a detailed engineering plan which must be in full compliance
with the Elk Grove Subdivision Control Ordinance.
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