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HomeMy WebLinkAboutRESOLUTION - 56-70 - 6/23/1970 - PRE ANNEX AGRMT/SHELL DEVELOPMENT a RESOLUTION 10. 56-70 A RESOLUTION AUTHORIZING TEE VILLAGE PRESIDENT AND VIh.LAGE CLERi{ TO SIGN A PRE-AIJIEEXATION AGREEMENT IN CONNECTION WITH THE SHELL DEVELOPPIEIvT PROJECT ON TIE WALI4CE BUSSE FARPQ N0I;7, TNEREFORF, RIP IT RESGLVED 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 authorizej to sign the attached documents r.:arhed pre-annexation agreement a copy of which is attached hereto and made a part hereof as if fully set forth and the VillaCe 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 lair. PASSED this ?3pL__-day of ^--June_ V— , 197 o . APPROVED this 23rd day of June , 1970 . 7 01 >�';; ' Pr si.dent ( --- Attest: Village C'.^rk ✓ /1�,��. C°�Lf f'.. ANNEXATION AGREEMENT THIS AGREEMENT , made and entered into this _{' day of June , 1970 , between the VILLAGE OF ELY. GROVE, a Municipal Cor- poration of the County of Cook in the State of Illinois , here- inafter referred to as the "Village" , and WALLACE W. BUSSE and MABEL BUSSE, his wife, and COf+`,MONWEALTH EDISON COMPANY and NATURAL GAS PIPELINE COMPANY OF AMERICA, hereinafter referred to as "Owners " . IF I T N E S S E T H WHEREAS , the Owners consist of the record title holders of the real property , which is the subject of the Annexation Agreement and which is shown on the Annexation Plat hereto sub- mitted to the Village and attached hereto as "Exhibit A" , and WHEREAS , the Corporate Authorities of said Village have duly fixed a time for and held a public hearing upon this An- nexation Agreement and have given ndtice of said hearing, all as provided by statute , and WHEREAS, there has been submitted to the Village Clerk of said Village , Annexation Petitions executed by the Owners and electors residing upon the said property , which real property is in the unincorporated area of Cook County and presently con- tiguous to the territory of said Village, and WHEREAS , the Corporate Authorities of the Village have considered the annexation of the real property described in said Plat, and WHEREAS , the Owners propose that the real property legally described on the attached Exhibit A, except Parcel 6 thereof , be developed for purposes in accordance with the exist- ing A-2 provisions of the zoning and other ordinances of the Village, and also in accordance with -the terms and conditions contained in this P_greemnt , and f: _ - f WHEREAS , the Village is agreeable to such development in such manner , and WHEREAS , all other matters , in addition to those speci- fically referred to above, which are included by this Annexation Agreement have been considered by the parties hereto, and the development of said property for the purposes permitted under A-2 zoning district, as aforesaid, of the zoning ordinance of the Village, and in accordance with the terms and conditions of this Agreement, wiil 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 extend the cor- porate limits and the jurisdiction of said Village of the limits described under the attached Annexation Plat, will promote the sound planning and development of the Village and will other- wise 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 herein- after set forth to be performed by it, there has been submitted the said Annexation Petition, as aforesaid, and 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 regula- tions , except as hereafter set forth, of the Village , subject to the terms and .conditions hereinafter contained, NOW, WHEREFORE , for and in consideration of the mutual promises and agreements herein contained, the 'parties hereto agree as follows : 2 - ONE: The Village does hereby agree to annex to said Village the territory described in Exhibit A upon the terms and conditions set forth in said Agreement. TWO: The Village agrees to enact and adopt , simultaneously with the execution of this Agreement, ordinances zoning the real property which is involved in this Annexation Agreement in accordance with the preambles hereof and the statements and terms contained herein and does hereby approve the development plat labelled "Exhibit B" and attached hereto. THREE: It is understood that with regard to Parcels 4 and 5 of Exhibit A that the Village shall permit the use thereof for public utility sub-stations and facilities and transmission and distribution lines, pipe lines , provided said property is not used for duelling purposes . FOUR: If the property is utilized in whole or in part as herein provided, Owners shall be responsible for causing construction of sanitary sewers , storm sewers , water mains, sidewalks , streets , curbs and gutters , and street lights . All of the engineering shall be with the approval of the Village Engineer . FIVE: In lieu of a performance bond for off- site improvements , the Owner and developer may furnish evidence satisfactory to the Village Attorney that the lending institu- tion financing the development project will irrevocably guaran- tee payment for said improvements upon the request of the Village Engineer . SIX: The Owners have submitted and the Village has approved land plan uses for the property in substantial ac- cordance with "Exhibit B' attached . It is not the intention of the Owners to subdivide 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 3 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. SEVEN: The Owners agree to improve the property in accordance with Village standards ; to dedicate , and the Vil- . lage 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 engineering requirements , including design, construction and Deed of Conveyance , as-built engineering drawings , and a two (2) year maintenance bond. The Owner shall tender dedication of said improvements within five (5) years of the effective date of an ordinance issued in accordance with this Agreement . EIGHT: The Owners agree to dedicate ten per cent (10%) of their acreage , or additional acreage , to the Village; the Village has agreed to accept and the Owners agree to dedicate the acreage delineated as Parcels 1 and 2 on Exhibit B attached hereto . Said land is to be used by the Village for recreational purposes , schools purposes or other municipal use as the Village shall deem appropriate but in reasonable conformity with the planned use of the Owners ' apartment complex. Over and above the aforementioned, 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 . Owners agree to pay upon annexation SIXTEEN THOUSAD!D THREE HUNDRED NINETY-FIVE DOLLARS ($16 ,395 .00) for municipal purposes . The aforesaid 4 - contribution of acreage is to be made by the Owners to the Village within one hundred eighty (180) days of the passage of the annexa- tion ordinance consistent with this Agreement . NINE: The Owners and the Village agree as follows : A. Owners will demolish all substandard housing on the property prior to an ordinance being passed consis- tent with this Annexation Agreement. B. Owners will be allowed to maintain the existing dwelling on the property as a two-family (2) dwelling . C. The Ownc-rs will be allowed to maintain the following businesses, for no longer than five (5) years from the date of the ordinance: (i) Retail landscape business in the scope of its present operation. (ii) Retail vegetable stand within the scope of its present operation . D. Owner 'will be allowed to farm the annexed parcel until construction conariences , said farming to be consistent with the existing farming procedure. TEN: The Village agrees that it has approved the plan on Exhibit B and C and it shall be effective as a preli- minary plan on a year to year basis during said five (5) year period. ELEVEN: No ordinance shall be adopted which shall prohibit a plan of development consistent with the existing plat of development attached hereto as E.chibit B: 5 - TWELVE: This Agreement shall be of no force and effect until the ordinances requiring annexation of the subject property and rezoning have been duly enacted by the Village . THIRTEEN: 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 . FOURTEEN: If any provision of this Agreement is held invalid , such provision shall be deemed to be excised there- from and the invalidity thereof shall not affect any of the other provisions contained herein. FIFTEEN: This Annexation Agreement shall be binding up_m the parties hereto, successor owners of record of land which is subject to this Agreement, lessees and upon any successor muaicipal authorities of said Village and successor municipalities for a period of five (5) years, from the date of execution hereof. SIXTEEN: DISCLAIMER The Owners referred to as COMMONWEALTH EDISON COMPANY and NATURAL GAS PIPELINE COMPANY OF AMERICA join in this Annexation Agreement solely for the purpose of annexing th property they own referred to on Exhibit A to the Village and do not join in any of the other covenants , representations or obligations set forth in this Agreement . VILLAGE OF ELK G f ATTEST: By1JZ: /l/ Vila e Presi ent Village Clerk i C Wallace W. Busse ___�__2X1�C V J h"✓��ax-- • .�- Mabel Busse COMMONWEALTH EDISON COMPANY 'ATTEST: By Pers , �E/(/ •�'/YL*'8'-'.t� Assistant—Se cr..tary S NATURAL GAS PIPELINL COMPANY OF AMERICA BY C #ts ATTEST: �� 16st . 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