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HomeMy WebLinkAboutRESOLUTION - 75-76 - 11/9/1976 - AGRMT/SZYWALA ANNEXATION RESOLUTION NO. 75-76 A RESOLUTION AUTHORIZING A PRE-ANNEXATION AGREEMENT (SZYWALA) NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees of the Village of Elk Grove Village, Illinois, Counties of Cook and Du Page, as follows: Section 1: That the Pre-Annexation Agreement, a copy of which is attached, relating to the annexation of property known as the Szywala property and referred more specifically therein is hereby approved and the Village President and the Village Clerk are 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. PASSED this 9th day of November 1976 . APPROVED this 9th day of November , 1976 . VOTES: AYES : 5 NAYS: 0 ABSENT: I 1 , APPROVED: VILLAGE RE I T ATTEST: VILLAGE L 'RC _.... �� ,o �� •, RJD/bv 8/18/76 1 F 7 RJD/1 ' d Revised '.10/22/76 ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this day of � 1976, 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 (herein- after referred to as "the VILLAGE") by and through its President and Board of Trustees (hereinafter referred to collectively as "the Corporate Authorities" ) , and ALLIANCE SERVICE CORPORATION, a corporation of Illinois , (hereinafter referred to as "the OWNER") , W I T N E S S E T H : WHEREAS , ALLIANCE SERVICE CORPORATION , a corporation of Illinois , is the owner of record of certain real estate , the legal description of which is set forth on Exhibit "A" , attached hereto, made a part hereof and incorporated herein by reference (which real estate consists of approximately eighty (80) acres and is hereinafter referred to as "the subject property" ) and which real estate adjoins , abuts and is contiguous to corporate limits of the Village of Elk Grove Village , Illinois; 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 OWNER desires 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 would 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, 1973 , 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 s� public hearing held thereon pursuant to notice , as provided by t statute; and WHEREAS , any fire protection district, library district or y - other entity or person entitled to notice prior to annexation rte, of the subject property have been given notice as is required ar by law . ar.. 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 , 1973 , Chapter 24 , Section 11-15 .1-1, et seq . a� e tis w " a 2 . PETITION FOR ANNEXATION . The OWNER has filed with the Village Clerk a proper petition for the annexation of the subject ate- property to the VILLAGE OF ELK GROVE VILLAGE , Illinois , condi- tioned upon the terms and provisions of this Agreement. The OWNER has paid all appropriate fees and deposits . 3 . ANNEXATION ORDINANCE . The Corporate Authorities, upon the execution of this Agreement, shall enact an ordinance annexing the subject property to the VILLAGE . - 4 . ZONING PER OFFICIAL MAP . The subject property, 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 2 - 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 OWNER 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 01,9N:ER agrees to donate 6 . 25 acres of land, exclusive of streets , easements and water courses and wet or dry retention basins , to the VILLAGE for use as Public Land. In addition, OWNER agrees to donate to the VILLAGE approxi- mately 3. 24 acres for dry retention. In lieu of an additional 1 . 44 acres otherwise required to be donated, OWNER shall donate to the VILLAGE the sum of $30 ,000 , payable within 20 days of the approval and recording of the final Plat of Subdivision. Said land, together with a deed and a Plat of Survey , shall be delivered to the VILLAGE within 90 days of annexation. 6 . PAYMENT TO FUND. The 01,rIER agrees to pay the VILLAGE the sum of $38 ,431. 00 for use in connection with the Village ' s Traffic Signal-Municipal Purpose Fund . Said sum shall'7be paid as follows : $7 ,686 .20 upon annexation and $7 ,686 . 20 annually thereafter until said full sum is paid. 7. APPROVAL OF SUBDIVISION] PLAT AND OTHER ACTIONS BY VILLAGE . Immediately upon the annexation of the subject property as aforesaid, the VILLAGE shall approve , accept and record a Final Plat of Subdivision of the subject property prepared by the OWNER 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 . At the time OWNER records the Final Plat of Subdivision , it shall also cause to be 3 - i recorded certain covenants and restrictions pertaining to said subdivision, which shall be substantially as set forth in the attached Exhibit C, made a part hereof and incorporated herein by reference. B . WATER. For the purpose of providing water to th subject property and the buildings to be located thereon, the OWNER shall be permitted to connect to t existing VILLAGE water mains located along the east side of the subject property at Biesterfield and 53 (Rohlwing Road) ; and along the west side of the subject property at the intersection of Biesterfield and Grissom Trail . It is understood and agreed that the existing VILLAGE water mains are adequate in size and capacity to serve the sub- ject property fully developed, but pursuant to Ordinance #668 the Village is entitled to recapture a part of its costs for extending and oversizing water mains , at the rate of $117 per acre computed on the basis of 76 . 9 net acres after deducting dedication of Biesterfield Road which is $8 , 997 . 30 and which the OWNER does hereby agree to pay. Such payment to be made at time. of annexation, and shall be referred to as "the Water Annexation Fee. " 9. SANITARY SEWER. The OWNER may provide sanitary sewer service to the subject property, and the buildings to be con- structed thereon, by connection into the existing Centex sewer in Section 17 and then into the Centex sewer in Section 21 leading to the Metropolitan Sanitary District treatment plan at Upper Salt Creek; subject, however, to the approval of Centex and the owner of any intervening sewer leading to said Centex sewer. The VILLAGE agrees that the Centex sewer is adequate to accommodate the needs of the subject property now and when fully developed. To the extent that the OWNER or developer of the subject property will bear any part of the cost of extending or oversizing sanitary sewer lines beyond the subject property for the purpose of connection into 4 - the aforesaid Centex sewer in Section 17, which connects to the Centex sewer in Section 21, the OWNER or developer shall be entitled to recapture from all other owners of property not within the Village whose property is benefited by such extension or oversizing their proportionate share of such extra cost to be computed on a dwelling unit basis . The VILLAGE and the OWNER agree that they shall enter into a recapture agreement for this purpose fora term of fifteen (15) years, and that the VILLAGE will not annex such property without an agreement which provides for payment of said proportional share prior to making the first connection to such extended or oversized sewer. A written receipt from the OWNER or developer that the proportionate recapture charge has been paid according to said agree- ment shall be sufficient evidence that this requirement has been satisfied. Provided that SBL (its affiliates, successors or assigns) , delivers to the VILLAGE a written acknowledgement or receipt that OWNER has paid or proportionally shared in the cost of the sanitary sewer required to be installed by SBL under its annexation agreement with the VILLAGE, the VILLAGE agrees not to enforce against OWNER any recapture provisions of its annexation agreement with SBL. 10 . ORDINANCES 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 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 or other ordinances in such a manner as prohibit the use of the subject property as contemplated by this agreement in the manner set forth in this agreement. 5 - 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 Dart 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. 11 . UTILITY EASEMENTS AND RIGHTS OF WAY. The VILLAGE agrees that it shall aid in the acquisition of such easements and rights of way as may be necessary to provide access of public utilities adequate to serve the subject property when fully developed in accordance with the Plat of Subdivision . For this purpose , the VILLAGE agrees to exercise its powers of condemnation , if necessary. All costs in connection with the acquisition of such easements and rights of way , including costs of condemnation , if any , shall be borne by the OS;,NER, and shall, in an amount deter- mined by the Village Attorney, be first deposited %.,ith the Village Treasurer as a precondition to the VILLAGE ' S obligation to proceed with acquisition or condemnation proceedings . 12 . DEVELOPMENT IN GENERAL CONFORMITY WITH PRELIMINARY PLAT OF SUBDIVISION. The OWNER shall cause the subject property to be improved 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. 6 - 13. MAXIMUM RATE OF CONSTRUCTION OF DWELLING UNITS . Not- withstanding anything in this agreement to the contrary , it 1- understood and agreed that OWNER shall be limited to a maximum of fifty-five (55) single family dwelling units completed and occupied in each 12 month period beginning September 1, 1976 . In the event that OWNER does not complete said maximum of fifty- five (55) dwelling units in any such 12 month period, OWNER shall have the right to accumulate any unused portion of said fifty-five (55) units and add them to the maximum number of completed units OWNER may choose to complete in any succeeding 12 month period. In no event shall OWNER connect to the Village water system any earlier than September 1, 1977 , but may so connect at any time thereafter as provided in paragraph 6 above. Prior to September 1 , 1977 , OWNER may supply water from sources other than the VILLAGE , to any units completed and occupied up to September 1 , 1977 . It is further understood and agreed that the limitations of completed and occupied dwelling units contained in this para- graph shall apply only fo hat period of time during which the VILLAGE in - d nibs from time to time that a criti- cal 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 July 20 , 1976 . When any such critical water shortage shall cease , the limitations of this paragraph shall be considered suspended and of no force and effect, until and unless the VILLAGE in good faith again determines the existence of another critical water supply shortgage , at which time the pro- visions of this paragrpah shall again become effective. The VILLAGE agrees that it will not issue building per- mits, issue occupancy certificates or otherwise approve the con- struction of any more residential dwelling units for any other - 7 - 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 OWNER woula be unable to adequately supply water to the OWNER'S units already under construction, completed or permitted by virtue of this paragraph 13 , the inten- tion 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. 14 . PERMIT FEES. The VILLAGE agrees to charge the OWNER 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 . 15. STOP ORDERS . The VILLAGE will issue no stop order directing work 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 OWNER. 16. CERTIFICATE OF OCCUPANCY. The VILLAGE agrees to issue certificatesof occupancy within 10 days of application or issue a letter of denial informing the OWNER as to what sections of the Code relied upon by the VILLAGE in its request for correction. 17 . RECAPTURE AGREEMENTS WITH OWNER. In the event that the OWNER is required to extend or oversize any water main, sewer or other public improvement beyond that which is required to serve its parcel only, and which extension or oversizing will serve properties not within the VILLAGE other than the parcel of the OWNER, the VILLAGE agrees to enter into a recapture agreement with the OWNER wherein that portion of the cast of said public improvement not 8 - attributable solely to the OWNER'S parcel would be recoverable by said OWNER from such other properties benefited over a period not to exceed fifteen (15) 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 the first connection to such public improvements . 18 . RIGHT OF DISCONNECTION AS A REMEDY. The parties agree that the remedies available to the 01,1ER, for damages , in the event of a breach of this Agreement by the VILLAGE are inadequate , and that the OWNER 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 VILLAGE shall enact such ordinances as may be required to effectuate such disconnection. 19 . EFFECTIVE TERM. 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 property or any of the terms of this Agreement are challenged in any court proceeding , the period of time during which such litigation is pending shall not be included in calcu- lating said ten (10) year term. 20 . BINDING EFFECT. This Agreement shall bind heirs and successors and assigns of the OWNER, 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 9 - benefited and bound by the conditions and restrictions herein and therein expressed . 21. 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 hereto have set their hands and seals this -7-- day of /!;% _r .atC��Gt/ 1976 , the same being done after public hearing, notice and statutory requirements having been fulfilled. ALLIANCE SERVICE C0RPORATI0N , an Illinois Corporation BY L/ 4t President^ ATTEST : Secretary VILLAGE OF ELK GROVE VI LAGE BY : � l_ ATTEST:L- .!-Z-t Vi ag Clerk 10 - East 1/2 of that North East 1/4 in Section 36 , Township 41 North, Range 10 East of the Third Principal Meridian except the property described as follows : South 795 feet of the North 1855 feet (as measured along the East line) of the East 1/2 of the North East 1/4 in Section 36, Township 41 North, Range 10 East of the Third Principal Meridian, in Cook County, Illinois and The South 795 feet of the North 1855 feet (as measured along the East. line) of the East 1/2 of the North East 1/4 in Section 36 , Township 41 North, Range 10 East of the Third Principal Meridian , in Cook County, Illinois and All of every highway within the said area to be annexed; and the new boundary shall extend to the far side of any adjacent highway, in- cluding Rohlwing Road. EXHIBIT "A" L;;iiz�IT "r COVENANTS AND RESTRICTIONS KNOW ALL MEN BY THESE PRESENTS that the undersigned, ALLIANCE SERVICE CORPORATION, a corporation of Illinois , being the owner of the following described property, to wit: East � of that North East ; in Section 36 , Township 41 North , Range 10 East of the Third Principal Meridian except the property described as follows : South 795 feet of the North 1855 feet (as measured along the East line) of the East � of the North East ; in Section 36 , Township 41 North, Range 10 East of the Third Principal Meridian, in Cook County, Illinois and The South 795 feet of the North 1855 feet (as measured along the East line) of the East � of the North East 3 in Section 36 , Township 41 North , Range 10 East of the Third Principal Meridian, in Cook County, Illinois . does hereby make and file the following restrictive covenants on all of such property on plat of such property recorded , as Document No. , approved by the Village Trustees of the Village of Elk Grove Village , Illinois, together with all lots appearing on said plat and located in said property described above . The following covenants shall be binding upon the undersigned as well as subsequent owners . 1 . All lots shall be used for single family residence purposes except Lots and which shall be designated as park sites . 2. DWELLING COST, QUALITY AND SIZE. No dwelling shall be permitted on any lot at a cost of less than $20, 000 . 00 based upon cost levels prevailing on the date these covenants are re.-.orded, it tieing the intention rind purpose of tiie covenant to assure that all dwellings shall be of a duality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size . The ground floor area of the main structure, exclusive of one-story open porches and garages , shall be not less than 1000 square feet for a one-story dwelling, nor less than 800 square feet for a dwelling of more than one story. 3 . No residential building shall be located on any lot nearer to the front line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event, no building shall be located on any lot nearer than 25 feet from the front line, or nearer than 25 feet to any side street line or corner lots , or nearer than 8 feet to an interior lot line excepting that a minimum 6 foot side yard shall be required for a garage or other permitted accessory building placed 35 feet or more to the rear of the building setback line . The front street shall be determined as the street on which the main entrance of the building is located. All buildings shall conform to the following requirements of the Zoning Ordinance of Elk Grove Village : 2 - A. No principal structure and no attached accessory structure shall be located in any required front yard area, nor in the required side yard area nor in required rear yard area. B. No detached accessory structure shall be located closer than 60 feet to the front lot line, nor within the required side yard, nor occupy more than 30% of the required rear yard area providing the structure is not closer than 6 feet to the rear lot line or the side lot line unless greater restrictions are required by easements or covenants . C. Fences may be located along the side and rear lot lines, and no fence shall be located in front of the building setback line nor along the front yard area, except those permitted by the fence regulations of the Village of Elk Grove Village . D. No swimming pool or appurtenance thereto constructed in the ground or located above ground for more than six months shall be located in any required front yard, nor within the required sideyard adjacent to a neighboring principal structure, nor within 8 feet of a side or rear lot line unless greater restrictions are required by easements or covenants . E. Every part of a required yard shall be opened to the sky, unobstructed, except for the ordinary projection of sills , belt courses, cornices , and ornamental features projecting not to exceed twelve inches . 4 . No residential dwelling shall be erected or placed on any lot having a width of less than 60 feet at the minimum building setback line (except non-rectangular lots) , nor shall any residential dwelling be erected or placed on any lot having an area of less than 7, 500 square feet. 5. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat . 3 - 6 . No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 7. No structure of a temporary character, trailer, },� e- ment, tent, shack,, garage, barn, or other outbuilding shall be used on any lot at any time as a residence, either temporary or permanent. 8. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. . 9. No animals , livestock , or pobltry:,of any .kind shall be raised, bred or kept on any lot, except that dogs , cats , or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. 10. No lot shall be used or maintained as a dumping around for rubbish. Trash, garbage , or other waste shall not be kept except in sanitary containers . All incinerator or other equipment for the storage or disposal of such materials shall h.; kept in a clean and sanitary manner. 11. Sight distance at intersections : No fence , wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street 4 - property lines, extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distance of such intersection unless the foliage line is maintained at a sufficient height to prevent obstruction of such sight line. 12. No fences or walls shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line. 13. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 30 years from the date these covenants are recorded after which time said covenants shall be automatically extended for successive periods of 10 years each unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. 14. Enforcement shall be by proceedings at law or in equity against any persons violating or attempting to violate any covenant, either to restrain violation or to recover damages. 15. Invalidation of any one of these covenants by judg- ment or in court order shall in no wise effect any of the other provisions which shall remain ,in full force and effect. IN WITNESS WHEREOF the undersigned has caused this agree- ment to be executed by its President, attested by its Secretary,, and its corporate seal to be hereunto affixed this day of 1976 . ALLIANCE SERVICE CORPQRA10101In An Illinois Corporation By: ✓ _ ..cuPresi ee . ATTEST: Secretary STATE OF ILLINOIS ) SS . COUNTY OF COOK ) /7 I , � I �! a Notary Public in and for theaid c unty nn the s e aforesaid, DO HEREBY CERTIFY THAT _ , personally known to me to 'bb t CPYesiden� of. ALLII",NCE SERVICE CORPORATION, an Illinois Corporatio , and `l ✓ J,yv� �L �(� , personally known to me to be the Secretary of said corporation , and per- sonally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Secretary they signed and delivered the said instrument as President and Secretary of such corporation and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority of said corporation given by the Board of Directors of the said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. A � even under my hand and seal this ) day of 1976 . Notary Public — -- My Commission Expires : Idi