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HomeMy WebLinkAboutRESOLUTION - 25-76 - 4/13/1976 - ANNEX AGRMT/SWIGLO/DEVON AVERESOLUTION NO. 25-76 A RESOLUTION AUTHORIZING AN ANNEXATION AGREEMENT BY AND BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND CITIZENS BANK AND TRUST COMPANY OF PARK RIDGE, ILLINOIS AS TRUSTEE UNDER TRUST NO. 66-2050 AND ROBERT A. SWIGLo. WHEREAS, an Annexation Agreement as described in the title above has been submitted to the Village and due public hearings have been had on same pursuant to state statute; and WHEREAS, the President and Board of Trustees believe it to be to the best interests of the Village that an Annexation Agreement be entered into as recited above. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois, as follows: Section 1: That an Annexation Agreement between the Village of Elk Grove Village and Citizens Bank and Trust Company of Park Ridge, Illinois as Trustee under Trust No. 66-2050 and Robert A. Swiglo be entered into and that the President and Village Clerk for and in behalf of the Village are authorized to sign same, a copy of which Annexation Agreement is attached hereto and made part hereof as Exhibit A. Section 2: That this Resolution be in full force and effect from and after its passage and approval according to law. VOTE: AYES 6 NAYS 0 ABSENT 0 PASSED this 13th day of April , 1976. APPROVED this 13th day of ATFPEST : ILLAGE CI 1 , 1976. AP� Dy VP LAGE PRE` ENT t ANNEXATION AGREEMENT j o (11 -7 THIS AGREEMENT made and entered into this 13th day of April 1976, between the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation of the State of Illinois (hereinafter called "The Village") and CITIZENS BANK & TRUST COMPANY of Park Ridge, Illinois, an Illinois banking corporation, as Trustee under Trust Agreement dated July 19, 1973, and known as Trust No. 66-2050 (hereinafter called "the Owner") and ROBERT A. SWIGLO, as sole beneficiary of said trust. R E C I T A L S (a) The Owner is the owner of record of certain real estate which is located in the unincorporated portion of Cook County contiguous to the Village and legally described as follows: Lot 20 (except the North 210 feet) in the William Lumpp's Devon Avenue Farms, being a Subdivision in the South half of Section 33, Township 41 North, Range 11, East of the Third Principal Meridian in Cook County, Illinois, (hereinafter called "the subject property"). (b) The development of all of the subject property within the corporate limits of the Village would be beneficial to the Village in that said development would increase the tax base of said Village by adding thereto highly valuable real estate with substantial improvements, the assessed valuation of which said real estate would be such as to yield substantial increased property taxes to the Village. (c) The development of the subject property in the Village would promote the sound planning and development of the Village by insuring that development will take place in accordance with the zoning ordinance amend- ments approved by the corporate authorities pursuant to this agreement. (d) The Village would extend its zoning regulations and master street plan over the subject property, thereby protecting the Village from possible undesirable or inharmonious use and development of the unincorporated area. (e) The development of the subject property in accordance with this agreement will guarantee high standards of construction and development. (f) The requisite notice has heretofore been served upon the 'nnrnnri?Ta lihrary Dis Trirt_ (g) The parties hereto desire to enter into an annexation agreement pursuant to the provisions of Division 15.1 of the Illinois Municipal Code of 1961 (Ill. Rev. Stat. 1969, Ch. 24, Sec. 11-15-1-1 ct. seg.). (h) Pursuant to the provisions of said statute, the President and Board of Trustees of the Village have duly fixed a time for and held a hearing upon this Annexation Agreement, and have given notice of said hearing, all as provided by Statute. (i) The Village Plan Commission (sitting as a Zoning Commission) has heretofore held hearings pursuant to notices as required by law on the question of zoning the subject property to the zoning district classifications hereinafter set forth upon annexation to the Village as indicated on the Plan (Exhibit A). (j) The Owner has heretofore filed with the Village Clerk a duly executed petition for the annexation of the subject property, together with that portion of the public highway known as Devon Avenue which lies South of and adjacent to the subject property, which territory is in the uncorporated area of Cook County, but is contiguous to the Village and which annexation petition by its terms is contingent upon the execution of this Annexation Agreement. (k) The corporate authorities of the Village have considered the annexation and development of the subject property and have determined that the best interests of the Village require that the subject property be annexed to the Village and developed in accordance with the provisions of this Agreement . (1) It is the desire of the Village and the Owner that the development of the subject property proceed as conveniently as may be, and be subject to the ordinances, codes and regulations of the Village now in force and effect, except as modified herein, and further subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows: 1. The Owner will, concurrently with the signing of this Agreement by the Village, file a petition, in the form required under the provisions of Section 7-1-8 of the Illinois Municipal Code, for the annexation cit the subject property to the Village, together with an Annexation Flat in -2- in the form required by law. 2. If the subject territory is not already within a Park District, the Owner agrees to petition for annexation of the subject property to the Elk Grove Park District upon written request therefor. 3. The parties agree that all construction of buildings on subject property shall be in compliance with the BOCA Building Code or other standard codes adopted by the Village. 3.A. The Owner agrees to: (1) The Village agrees to provide water and sewer mains to the east property line of the VFW property, said water mains to be located along the south property and the sewer mains along the north property line of said VFW property. The Owner agrees to pay to the Village six (6%) percent of the cost of extend- ing said lines from their present location on the VFW property to the location specified. It is esti- mated that said amount is One Thousand One Hundred Thirty Dollars ($1,130.00) based on data in a memorandum dated October 14, 1975 from Charles A. Willis, Village Manager to the President and Board of Trustees of the Village. The Owner agrees to deposit One Thousand Four Hundred Dollars ($1,400.00) to pay for said extension. Any difference between actual cost and estimated cost is to be refunded or paid by the parties upon request after actual cost is determined. The Owner agrees to provide the Village with an easement for sewer purposes along the north 20 feet of Lot 19 (except the north 210 feet in the William Lumpp's Devon Avenue Farms subdivision) presently owned by Michael and Myrtle Bistry." The Owner agrees to extend the aforementioned water and sewer mains to the Owner's east-,"- property ast-:property line or extension thereof and across the property described as being owned by Michael and Myrtle Bistry. All water (12 inches) and sewer (S inches) mains are to be donated to the Village upon their coioplei;ion and are to be -3- See attached exhibits of Easements constructed in accordance with the specifications and to the satisfaction of the Village Engineer. It is understood and agreed that the Village will not volun- tarily permit Lot 19 to tap into the aforementioned water and sewer mains unless and until said property is annexed to the Village and unless said intervening property pays the sum of $6,400.00 (Six thousand, four hundred ------------- Dollars ( $6,400.00 ) to the Village of Elk Grove, and, thereupon, said sum will be repaid to the Owner of the subject property. The Owner is to furnish a two (2) year maintenance bond for all utilities. (2) Prohibit parking of vehicles within 25 feet of the south property line. (3) Prohibit parking or storage of inoperable vehicles or operable automotive or recreational vehicles on the property which are not in current -,use to transport patrons using the miniature golf facility. (4) Submit for Village approval prior to construction a detailed site development plan, a detailed lighting plan, an ingress -egress plan and a landscaping -screening plan. (5) The Owner will provide the Village with such additional utility easements as may be requirec,'by the Village Engineer and/or the subdivision control ordinances of the Village of Elk Grove Village upon request. 4. The Owner agrees that all public improvements shall be constructed in compliance with the applicable provisions of the Village Subdivision Ordinance. The Owner shall provide permanent easements as required for utilities, drainage and fire lanes. 5. The Village hereby agrees to enact an Ordinance in the form required by law annexing the subject property upon the terms and conditions set forth in this Agreement. 6. The Village agrees to enact simultaneously with the execution of is Agreement an Ordinance or Ordinances reclassifying and rezoning the subject property as shall permit the subject property to be used for iriniarure golf amusement operation. -4- 7. It is the understanding of the parties that the necessary ordinances will be enacted immediately upon the execution of this Agreement. 8. It is the agreement of the parties that the provisions of this Annexation Agreement shall supersede the provisions of any Village Ordinances which may be in conflict with the provisions of said Agreement. 9. The Village agrees that any approval of a preliminary plat shall be effective for a period of three (3) years from the date of its approval without the necessity of the Owner renewing such preliminary Plat on a year to year basis during said three year period. 10. The Village reserves the right to amend its Zoning and Subdivision ordinances, 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 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 execution of this Agreement it will not amend its Zoning Ordinance in such a manner as to prohibit the use of the subject property in the manner set forth in paragraph 6 above. 11. The Owner shall pay to the Village upon Annexation the sum of One Thousand Ninety Four and 12/100 Dollars ($1,094.12) for the recapture of funds expended by the Village for the original extension of water and sewer facilities from Walnut Street. Said sum is in addition to Section 3A-1 of this Agreement. Payment of 3A-1 and Section 11 shall constitute full payment required by Ordinances# 1052 and # 1053 adopted on April 13th , 1976. 12. The Owner shall pay to the Village upon annexation the sum of $610.00 pursuant to the practice of the Village requiring an Annexation payment to the Traffic Signal Municipal Purpose Escrow Fund. 13. It is agreed that the Ordinance or Ordinances reclassifying and rezoning the subject property shall allow for the installation of course dividers not to exceed 42" in height, to be located as shown on the course layouts marked "Exhibit A" attached hereto and made a part hereof, and to be constructed in accordance with Divider SpecificatienS ds set forth on "Exhibit B" attached hereto and made a part hereof. -5- 14. The Village hereby agrees to enact an Ordinance in the form required by law granting the Owner a variation to allow construction of the standard sign of "Putt -Putt Golf Courses of America, Inc.", which sign comprises 65 square feet, rather than the 45 square feet now allowed. The sign shall be constructed approximately 10' north of the south end of subject property in accordance with the sign drawing marked "Exhibit C" attached hereto and made a part hereof. 15. This Agreement may be amended from time to time with the consent of the parties pursuant to the Statute in such case made and provided and each amendment shall be in itself be effective for a period of ten (10) years from the date of said amendment. 16. This Agreement shall be enforceable in any Court of competent jurisdiction by any of the parties or by any appropriate action at law or in equity to secure the performance of the covenants herein contained. 17. In addition to the remedies herein provided, the Owner may elect to disconnect the property it owns within the Village upon substan- tial breach of this Agreement by the Village. To effectuate such dis- connection, the Village agrees to adopt necessary Ordinances disconnecting the property upon the filing of a disconnection petition in the form provided by Statute. 18. If any provision of this Agreement is held to be invalid by any Court of competent jurisdictior, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 19. It is understood that this Agreement shall be null and void at the option of the Village unless all funds called for hereunder and all easements requested by the Village, paragraph 3.A., sub -paragraph (1) are submitted to the Village Manager on or before April 13th , 19 76 in which event the Village of Elk Grove Village shall have no obligation should they exercise said option to annex said property to the Village or to proceed with any of the main extensions referred to in this Agreement. M IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. VILLAGE OF ELK GROVE VILLAGE, a Municipal Corporation ATTEST: i f , APPROVED b Resolution of the President and Board of austof the Village of Elk Grove Village, this 13th day of April 1976. EXCMPATORY PROVISIONS This instrument is executed by CITIZENS BI U[C & TRUST COMPANY, Park Ridge, Illinois not personally but as Trustee" in the exercise of the power and authority conferred upon it as Trustee, and under the express direction of the beneficiaries of a cer- tain Trust Agreement dated - •Tul�v 1_q_ lu-4 cnd known as Trust No. Aa-70Sp to all provisions of which.='rust Agreement this instrument is expressly made subject. It is expressly understood and agreed by and between the parties hereto, anything burein to the contrary .notwithstanding, that each and all of the representations, covenants, promises, obligations, liabilities, undertakings and agreements herein made on the Fart of the Trustee while in Porn purport_rg to be the representations, covenants, promises; obligations, liabilities, undertakinzs and agreements of said Trustee are nevertheless each and every one of them male and intended not as personal representations, promises, obligations, liabilities, covenants, undertakings and agree- ments 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 held sub act to said Trust Agreement, and this instru- ment 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 personal responsibility is assumed by nor shall at any time be asserted or enforceable against the CITIZENS BANK & TRUST COMPANY or any of the beneficiaries under said Trust Agreement on account of this instrument or on account of any repre- sentation, covenant, promise, obligation, liability, undertaking or agreement of the said Trustee in this instru:.ent coata4.ned, either express or implied, all such per- sonal liability, if any, bclsxg c,r.pressly waived and released. -7- E A S E M E N T THE GRANTOR, MICHAEL BTSTRY AND MYRTLE BISTRY, HIS WIFE of the Village of Mount Prospect, Cook County, Illinois for and in consideration of the sum of Ten ($10.00) Dollars in hand paid CONVEY to the Village of Elk Grove Village, a Municipal Corpora- tion located in Cook and DuPage Counties, Illinois an EASENLENT, permanent in nature for sewer purposes, over, under and upon real property legally described as follows: The northerly twenty (20) feet of Lot 19 (except the north 210 feet thereof) in William Lumpp's Devon Avenue Farms, being a subdivision in::the south half (1/2) of Section 33, Township 41 North, Range 11, East of the Third Principal Meridian, Cook County, Illinois to have and to hold said premises forever. IT IS UNDERSTOOD that the Grantors shall not be entitled to tap into the water and sewer mains of the Village of Elk Grove Village until and unless the aforementioned property is annexed to the Village of Elk Grove Village and all ordinances and fees of the Village relating to extension charges and tap on charges are paid. day of March 19 7 (SEAL) (SEAL) ooert A. gloY STATE OF ILLINOIS, COUNTY OF COOK - SS I, the undersigned, a Notary Public in and f r sid Co nty, in t St t ,afore ai DO HF,�REBY RTIFY that �G'' ,r,, �, hem— �, — personally known to me tdbe Pe same pers26n —D whose name ca subscribed to the foregoing instrument appeared before me this day in person, and acknowledged �tthat( hQ signed, sealed and delivered the said instrument as %.C<_�� z frfand voluntary act, for the uses and purposes therein set forth, incluging the release and waiver of the right of homestead. Given under my handand [official seal, this day f '� 197 7. Ay cear°^lysim EX* Commission expires , 19 Notary Public This, is an exhibit to the Swiglo Annexation Ageement referred to in paragraph 3.A of the ",y -ement E A S E M E N T '.CITE GRANTOR, CITIZENS BANK AND TRUST COMPANY, PARK RIDGE, ILLINOIS as Trustee under Trust Agreement dated July 19, 1973 and known as Trust No. 66-2050 of Park Ridge, Illinois for and in consideration oL' the sum of Ten ($10.00) Dollars CONVEY to the Village of Elk Grove Village a permanent EASEMENT for sewer purposes over, under and upon real estate legally described as follows: The north 20 feet of Lot 20, (except the north 210 feet thereof) in the William Lumpp's Devon Avenue Farms being a subdivision in the south i of Section 33, Township 41 North, Range 11, East of the Third Principal Meridian, Cook County, Illinois, to have and hold said. premises forever.. EXCULPATORY PROVISIONS This instrument is executed by CITIZENS BANK & TRUST COMPANY, Park Ridge, Illinois not personally but as Trustee, in the exercise of the power and authority conferred upon it as Trustee, and under the express direction of the beneficiaries of a cer- tain Trust Agreement dated July 19, 1973 and known as Trust No. 66-2050 to all provisions of which. Trust Agreement this instrument is expressly made subject. It is expressly understood and agreed by and between the parties hereto, anything Larein to the contrary notwithstanding, that each and all of the representations, covenants, promises, obligations, liabilities, undertakings and agreements herein made on the part of the Trustee while in form purporting to be the representations, covenants, promises; obligations, liabilities, undertakin.-s and agreements of said Trustee are nevertheless each and every one of them made and intended not as personal representations, promises, obligations, liabilities, covenants, undertakings and agree- ments 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 held subject to said Trust Agreement, and this instru- ment 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 personal responsibility is assumed by nor shall at any time be asserted or enforceable against the CITIZENS BANK & TRUST COMPANY or any of the beneficiaries under said Trust Agreement on account of this instrument or on account of any repre- sentation, covenant, promise, obligation, liability, undertaking or agreement of the said Trustee in this instrument contained, either express or implied, all such per- sonal liability, if any, being expressly waived and released. set under their name and that they appeared before this day inperson and acknowledge that they signed, sealed and delivered this instrument as their free and voluntary act for the uses and purposes therein set forth_ Given under my hand and official seal, this 16t1day of January , 1976 . Commission Expires May 8 , 19 76 . NOTARi' PUB ,IC This is c:n exhibit to the Swiglo Annexation Agreement referred to in paragraph �.A of the Agreement