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HomeMy WebLinkAboutRESOLUTION - 42-70 - 4/28/1970 - AGRMT/NATIONAL BANK OF AUSTIN/MAGLARESRESOLUTION NO. L/ 2 NODI, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1 - That the Village President be and is hereby authorized to sign the attached documents marked Agreement (between the National Bank of Austin as Trustee under Trust No. 4743) , a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President: Section 2 - That this resolution Shall be in full force and effect from and after its passage and approval according to law. PASSED this 28th day of April 1970 APPROVED this 28th day of April 170 Attest: Village Clerk AFOiFPJ:'LliA I:J YeNftA � Mr. Sam Maglares Waterfall Restaurant Dear Mr. Maglares: 666 Landrneier Road Ell, Grove Villoga, Illinois 60007 Area Code 312 439-3900 April 22, 1970 JACK D. PARI. President RONALD L. CII'_PNICIC EUGENr V. CEIT11 JAMES G. 0'I11:IEN RICHAIID A. McGRENERA ANDPEW T. ULLMANN CHAP.LES J. ZEY EIC Trustees ELEANOP. G. TURNER Clerk CHARLES A. WILLIS Manager Enclosed please find an original and three carbon copies of a separate contract between you - National Bank of Austin and the Village of Elk Grove Village. An extra colr,r is enclosed for your use as a "work" copy. Upon the advice of our Village Attorney it w:.11 be necessary for you to secure the signatures of Officials of the National Bank of Austin and the Beneficial Owners of the property. All four copies should be returned to me prior to Tuesday, April 28, 1970. - Please note that the substance of the enclosed document is identical to the Pre -Annexation Agreement Which you have already executed - with the exception that references to the Sanitary Sewer have been omitted from the enclosures. If you have any questions please call me wit'iout hesitation at the office - 439-3900 or at home - 437-5751. CAW:mw Sincerely yours, CHARLES A. WILLIS Village Manager M 4"A PL&S original A G R E E M E N T WHEREAS „{eaidCNATIONAL BANK OF AUSTIN, CHICAGO, ILLINOIS as Trustee under Trust Number 4743 is the record title owner of real property legally described on Exhibit "A" attached which real pro- perty comprises 5.0 acres more or less; and WHEREAS, said property is located within the unincorporated portion of Cook County; and WHEREAS, the Village of Elk Grove Village and the beneficial owners of the Trust described desire that said real estate be annexed to the Village of Elk Grove Village pursuant to the terms and conditions hereinafter set, forth; and WHEREAS, the beneficial cwners and record owner have deposited with the Village Clerk of the Village of Elk Grove Village a Petition for Annexation of the property described on Exhibit "A" attached hereto, it being the desire of said owners that said property be annexed and the Petition be acted upon at the earliest possible date. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. The beneficial owners and the Village of Elk Grove Village will cause the real estate described in Exhibit "A" attached to be annexed at such time as same becomes eligible to be annexed to the Village by becoming contiguous thereto. 2. The Village of Elk Grove Village will re -zone the des- cribed property B-1 (Business) upon annexation and said property shall be subject to all gen6ral restrictions of said -1- zoning district presently in effect or to be adopted. The village agrees to grant a variation for a sign not exceeding 35 ft. high and 18 ft. wide. 3. The beneficial owners of the Trust described above will cause the record title owner to execute and record restrictive covenants as set forth in Exhibit "B" attached which restrictions shall govern the development of said real property should it be developed and used under the industrial zoning classification. 4. The Village of Elk Grove Village will cause a water main to be constructed along the westerly boundary of the property described in Exhibit "A" within ninety (90) days from date hereof for the purpose of providing water service at prevailing Village water rates. 5. The beneficial owners of the Trust described will pay to the Village of Elk Grove Village the sum of Ten Thousand and No/100 ($10,000.00) Dollars, said sum to be paid at time o i2 30 days A CTd2 -rttLr WATE-k of its tap on to the water dtx�gxx®�xrd�txg�gxtXfgz l ���%MAIN fS /NSTAIf..cG�� %�1'%$�k�X�itx78xtXeifakX7d;1Xa18.7➢X7��sg�X�itXx�racd' itX 6. It is understood that: the beneficial owner of the real estate and not the Village shall be responsible for the construction of all necessary lateral water and sewer mains and other public improvements which shall be necessary to the development of the land. It is further understood that the beneficial owners shall, upon construction of said water and sewer mains and other public improvements, donate same to the Village of Elk Grove Village in accordance with the subdivision control ordinance -2- A of the Village and the owner shall, in addition, grant to the Village four (4) easements for utility and drainage, said easements to consist of three (3) easements fifteen feet (15') in width which are parallel with the North, South and East property lines of the property described in Exhibit "A" and one (1) easement twenty five feet (25') parallel with the West property line of the property described in Exhibit "A", together with any and all. further easements which may be necessary to the installation of water and sewer to serve the property described. 7. This agreement shall be binding, not only upon the parties hereto, but their successors, heirs and assigns and it shall be deemed a burden running with the land and continuously a obligating the owners of the beneficial interest in this Trust. 8. In the event that the aforementioned property shall be eligible for annexation and the owners or beneficial owners to the property refuse or prevent annexation at any time, then the Village reserves the right to terminate this Agreement and to terminate the supply of water to the property described in Exhibit "A" attached hereto. 9. Nothing herein contained shall obligate the Trustee referred to herein to make any of the payments called for hereunder or assume any financial obligation referred to herein whatsoever. 10. The obligation of the Village to supply water service -3- This Agreement and Restrictive Covenants is executed by the National Bank of Austin, not personally but solely as Trustee under the terms of that certain Trust Agreement dated June 12, 1969 , identified as trust number 4743 in the exercise of the y power and authority conferred upon and vested in it as such Trustee, (and said National Bank of Austin hereby warrants that it possesses full power and authority to execute this Agreement and Restic£ive Covenants ) and it is expressly understood and agreed by the parties hereto, anything herein to the contrary notwithstanding, that each and all of the undertakings and agreements herein made, are made and intended not as personal undertakinT-and agreements of the Trustee, or for the jur�o$e gf b�ndin the Trustee personally, but this Agreement and es rictive oven n s is executed and delivered by the Trustee, solely in the exercise of the powers conferred upon it as such a Trustee, and no personal liability or personal responsibility is assumed by, or shall at any tine be asserted or enforced against said J Trustee on account hereof, or on account of any undertaking or agreement herein contained, either expressed or implied, all such personal liability if any, being expressly waived and released by the Village of EU Grove Vil, and by all persons claiming by, through or under said Villaee of Elk Grove Village By \,_, A Secretary and Assis RECORD TITL7 DATED April 23, 1970 XZOQOC we Vice res-idpnti BENEFICIAL OWNERS or Attorney in Fact ATTEST: Village Clerk VILLAGE OF ELK GROVE STA CERTIFICATE TM National Bank of Austin, Chicago, Illinois, as Trustee under Trust Number Sam Maaglarps 4743 and does hereby certify Alasr Maglarac that are the sole beneficial owner; of the Trust described above or the attorney in fact for said beneficial owners with the full power to bind said beneficial owners to this Agreement as fully as if said beneficial owners had signed this Agreement. , NATIONAL BANK OF AUSTIN a"d not personaelrl.y�rust Number 4743 -5- RXHIBIT "A" i'hnd T% .":t`. 6i C17 is XTOfi - hal' of thil. .: Oi: i:'.i';....J f: cluarter Of Scot .Ga 26, TYva 3'17.:1 11 ]:l0AA, AoDgv 11, last of the Thin? Principal r3;C C'inn, lying C...^Gerly7 of t'}1C CX'i<'G:it line Qf: K3 ict].'!5 ZJ,..Sp Lost C)1 the .;:?::, :. lino O_ t:21C Gii C) fC+c;;u £iU D of IC.:a& co F. v yod 4o the county of C00% YY C.: cd xCCO.•C0011 .]. 1l fir., in t:Q" office of CCo% G: ;Z; �o L21i.rpi^, as J7^o No. 1225505"1 and VC>lkt:i'1 of iI .1'ti.I:i-'. ght 102 6n:" -7i1 fro -.'a zi. ]"Ci _k?'1'L on the lost lino of .ON'. 200 1'.C?+,: Ut:rip of la"? \:h2Ci: is I"..i.D "C:Ct: (00 IC:ossurcd along tho Lack lin'3 Of oL6;i.C} 200 foot strip of load) tooth Or thn L-.?rth line __. void ,._;'L:yon 26, tC d point in WO G'coi:a-_ MO of aOid Hit7yino. i.on&, :mond lJ.v.:_ Ci:Gf.:!7i_A:Cj tho k otarly line of W6 Vi ins i.'.O d at a ):G7.Tlt; Iii?l, C'i1 Is 10.5 l:C.'.'i: (c::� TP.2<.L'A ad along 8 ie parallel with the East 1ancof rail 207 foot strip o, - MO) South too: Vio March line of sAd .rt1C'tai-on 26; and lying Earth of E a.i-A`,.' i,lrzu,h-n at Jigh G CIol ns to the .lJLlino Cf said iQJ ML strip flJanD r i','"C`1 1 point which in 2065p % ft. (as ILfh.,;ii._. d E?lmg thu A J_:i.211: of Lai& 200 Wat strip of lend) Forth of the South lino of the 7<.'os Lh;; ..s t Cy -t7` h; t: :: C of said Section 26, in Cook C:C)LI1 tye Illinois. ]..1.1Iliac "'i lr RESTRICTIVE COVENANTS RELATING TO 5.0 _ACRES, I'iORE OR LESS, OF PROPERTY ON THE EAST SIDE OF BUSSE ROAD AND SOUTH OF OAXMN AND HIGGINS ROADS 19 70 by hereinafter collectively referred to as tiie "neclarants"; W I T N E S S E T H: 'mEREAS, the Declarants are the owner- of the real property -described in E;-hibit "A" attached hereto, incorporated by reference am";iL.ade a part hereof as if .fully set forth herein, hereinafter referred: to as the "subject property"; and is desirous of subjecting said property to the restrictive covenants and charges hereinafter set forth, each and. all of which is and are :'or the benefit o:l the subject property ane:. for the owner thereof, ane, shall inure to the benefit of and pass with said property an,* eac`! end every parcel thereon_, an6 shall apply to and. bind t:ie owners thereof and. the successors in interest thereto; NOW, THEREFORE, the %:eclarants hereby declare that the subject property is and. shall be held, transferee soli and conveyed subject to the restrictions, covenants and charges herein set forth. ARTICLE ONE '11le Covenants are to run with the lane. and shall be bincling on all parties and persons claiming under thek.i until at which time all the herein covenants, restrictions and. charges sl_all cease ane' be terminated an:' be of no further force ane' effect, anything herein to tine contrary notwithstanding. EXHIBIT "B" THIS DECLARATION 'r.:ac:e this 2&d day of - A.D. 19 70 by hereinafter collectively referred to as tiie "neclarants"; W I T N E S S E T H: 'mEREAS, the Declarants are the owner- of the real property -described in E;-hibit "A" attached hereto, incorporated by reference am";iL.ade a part hereof as if .fully set forth herein, hereinafter referred: to as the "subject property"; and is desirous of subjecting said property to the restrictive covenants and charges hereinafter set forth, each and. all of which is and are :'or the benefit o:l the subject property ane:. for the owner thereof, ane, shall inure to the benefit of and pass with said property an,* eac`! end every parcel thereon_, an6 shall apply to and. bind t:ie owners thereof and. the successors in interest thereto; NOW, THEREFORE, the %:eclarants hereby declare that the subject property is and. shall be held, transferee soli and conveyed subject to the restrictions, covenants and charges herein set forth. ARTICLE ONE '11le Covenants are to run with the lane. and shall be bincling on all parties and persons claiming under thek.i until at which time all the herein covenants, restrictions and. charges sl_all cease ane' be terminated an:' be of no further force ane' effect, anything herein to tine contrary notwithstanding. EXHIBIT "B" ARTICLE T`X No building shall at any trine be erecter'. on any portion of the subject property within twenty-five (25) feet of any street rig:?t---of moray adjoining sa:�.e, or within ten (10) feet front all siege anc? rear boundary lines of the subject property or portion thereof if subeivieiec, into logs or parcels. :'3I2T]:CLE TNRE^ No loading Cock shall be erected on any portion of the subject property fronting on any street, unless the f=ront of such loading platforat small be set back at leas sixty (60) feet from the property line abutting the street on vinic"a said loading cock fronts. AATICLE FOUR Vie Declarant agrees to provide on the subject property or portion thereof, of:- street autoinobile ;harking facilities bases on a ;.c:inLtLUII rate of oae 300 square root space for each three (3) euplovees e::.ployev on t:,e subject property or portion thereof, by _ire original occupants 'c'nereof. - ARTICLE FIVE All buildings erecte on tare subject property shall be of masonry construction or its equivalent or better. Front walls facing on streets of suci. buil-Ungs r,-ust be finis?.:ed. with face brick, stone, wod.ern i::etal paneling, glass or their equivalent. other walls shall oe faces' with co:.: ,:on bricl: or its equivalent. ARTICLE SIX The Declarant agrees that the area between the building lines ant_ ti;e street; property lines shall be used for either open lanc'- scaping and green areas or for service access to the building, or -2- F.I'.iIIBI'C "B" to a parking, lot. Laae-scal:>ecl areas shall be cone attractively with lawns, trees, shrubs and siiAlar treat.tent anr' shall be properly i,taintained in a sig''.,tly ant well kept condition.. A:3TICLE SEVEN Water towers, water tanks, stand pines, penthouses, elevators or elevator equipc,ent, stairways, ventilating fans or sirilar equipi,ent requires. to operate and, maintain the building, fire or parapet walls, skylights, tanks, cooling or oi:.�:er towers, wireless, radio or television �_asts, roof signs, flag -poles, chimneys, smoke stacks, gravity flow storage and rUxing towers or similar struc- tures u:ay not exceed a '„eight of fifty (50) feet from the estab- lishe�, building grade. By the? above, no restriction is intended as to building heights. ARTICLE ^IGHT Storage yarfls for equips:'.eiat, raw r..aterials, semi-r"inished or finished products st,e,ll be so shielc'.e".. by a fence, shrubs, hedges or other foliage as to effectively screen the view of such storage area from t --ie street. APTICLE NINE The subject property ;`_,all not be urgesor i.aintained as a duiiping grounO for ru:Dbish, trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean ant sanitary condition. ARTICLE TEN No fence, wall, het'.ge or shrub, plant or teee which obstructs site lines at elevations between two an= silr deet above the road- way shall be placed or periAtted to re ain n any corner within -3- ECF3IEIT "B" the triangular area for...e by street property lines and a line connecting these at points twenty-five (2.5) feet fror:, the inter- section of the street lines. ARTICLE ELEVEN Each of the foregoing covenants, concitions and restrictions shall run with the lap'. an-' a breach of any of them may, at the option of tl-e Declarants or any successors or assigns, be enjoinee, abatee or rei:.edied by appropriate proceedings. It is understooc., however, that the breac;. of any of the fore7oing covenants, com7itions and restrictions shall not re•feat or render invalid. the lien of any r:ortgage or, t'ze subject property made in gooe' faiZ:Ih and for value; provided,, however, tl:•at any breach or continuance thereof _-.ay be enjoined, abate, or remedied by the proper proceedings, anIf provided further, that all of the fore- going covenants, conbitionc and restrictions s;_all retain in full force and effect agziinst t`.:e subject property or any part thereof, title to uinich is obtaine'_ by foreclosure of any such u,ortgage. IN WITNESS ?AME MY, t'i:.e Declarants ',,ave caused these presents to be execute8, their seals a_ifixed, the :.lay and date first above Y.:entioned. _-4- `;7.IBIT "B"