Loading...
HomeMy WebLinkAboutRESOLUTION - 17-69 - 3/4/1969 - ANNEX AGRMT/40 ACRESRESOLUTIOM A RI)>OLUl'IOrT AtiTHOPSII:i:G TEE V"ILL4C::': I_ ISI:)Ei;'% Ail) VILLAGE CTTs,!-J. TO EXECUTE All AIdl7MTIOIJ AGM -;UJ -"LT. HOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPaye, State of Illinois: Section 1 - That the Village President be and is hereby authorized to siggn the attached documents marked .Arre;c^t .oil P,f;reemeirt relating to a.;_uro dmatcl.y 140 aCi•cs I'. of N' r_ rs Rd. E: S. of t2:^ " �.._l.i ,. . e of 1i_. ,I;i.ns Rd. Corim;:_ c_a.t. ,uad.i.v.- isi.on Unit I:o.3., 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 day of _ ;:- t 196 pPPaovED this �y day of ,�• ,:.:. G'- , 1:6_x`. Presi ent � Attest: Village Clerk--- r, L ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 25th day of February, 1969, between the VILLAGE OF ELK GROVE VILLAGE, (hereinafter referred to as the "Village"), and LA SALLE NATIONAL BANK as Trustee under Trust Agreement dated September 11, 1968, and known end not personalI' as Trust No. 38400,/EDWIN D. LAWLOR as Trustee under the provisions of a Trust Agreement dated September 18, 1968 and known as Trust No. 10, WALTER C. SASS and MATHILDA C. SASS, his wife, (hereinafter collectively referred to as "Owner"), and NICHOLAS TRAIFOROS, �I (hereinafter referred to as the "Developer"). WITNESSETH: RIDER AT IC= TO AND I-i1D] !`_ ?ART OF DOCU1-,ENT DI -i ED February 25, 1969 UND?R TP.0 T PTO. 38400 ;'his instrument is executed by La 011e National B_nk, not personally but solely as Trustee, as Zoresaid, in the exercise of the po;+er and authority conferred upon and vested in it as such Trustee. All the terms, provisions, stipulations covenants and conditions to be performed by^Salle National Bank are undertaken by it solely as Trustee, as aforesaid, and not individually, and all statements herein made are made on information and belief and are to be construed accordingly, and no personal liability shall be asserted or be enforceable against La Salle National Bank by reason of any of the terms ,i , Provisions, stipulations covenants nndlor statements contained in this in- ;1 strument. `!"4_ consisting of approximately forty (40) acres of land, more or less) r.� and WHEREAS the Developer has agreed to purchase thirty-four (34) of the aforementioned forty (40) acres and both parties have agreed to annex the property to the Village of Elk Grove Village pursuant to the terms and conditions set forth herein. The Owners are retaining six (6) acres of said property. NOW, THEREFORE, for. and :in consideration of the mutual promises and -agreements of the parties herein contained, it is agreed as follows= 1. The Village agrees that it will annex the property described above and upon annexation, zone said property to the M-1 zoning classification, except for that part thereof lying South of a line 333 feet North of and parallel to the center line of Higgins Road which shall be zoned B-1 (Business). 2. That the Owners and Developer have executed a Declaration of Restrictive Covenants, which shall run with the land, a copy of which is marked Exhibit 'A', attached hereto, and made a part hereof and shall cause same to be placed of record with the Recorder of Deeds of Cook County, and agree not to release the restrictions contained herein without the prior consent of the Village. 3. The Developer agrees to install and donate by bill. of sale all public improvements required by the laws of the Village including streets, sidewalks, water and sewer and storm drains. It is understood that engineering standards applied shall be those determined necessary by the Village Engineer. It is further understood and agreed, by all parties, that the installation of public improvements and donation thereof to the Village, shall be a burden upon the development of the land, binding upon not only the Owners and Developer herein, but upon their heirs and assigns and that the Village shall. have no duty to supply its facilities or to issue permits permitting the development of the land until and unless said requirement is complied with. - 2 - 4. The Developer will pay the sum of Fourteen Thousand Dollars ($14,000.00) simultaneously with and upon passage of an ordinance of annexation and ordinances zoning the property as set forth above. Said money shall be used by the Village: for the installation of traffic lights, within the Village, within ten (10) years from date. 5. It is further agreed that all parking lots and driveways shall be dust free, that the trailer, on the premises, shall be moved, all of which shall be done on or before November 1, 1969. It is further agreed that all buildings and the trail -or shall be placed in conformity with all Village laws or vacated within ten (10) days from date of notification of defect. The Village shall have an immediate right of inspection of all premises, buildings and trailers. All notices of this agreement shalt be sent to Walter C. Sass, 6 N. Maple, Mount Prospect., Illinois and Louis E. Sass, 2860 Des Plaines Avenue, Des Plaines, Illinois. 6. As to the area zoned "B-1" Business District hereunder, the owners and signatories agree to use the property only for its present uses and for the following permitted and conditional uses, to -wit: Permitted uses: Clothing or Apparel Stores Food Shops Dry goods and variety Stores Art and School Supplies Banks (except for drive in facilities) Books and Stationery Stores Camera and Photo Supply Stores Drug Stores Dry Cleaning and Laundry Receiving Stations (processing done elsewhere) Hardware, Decorating, Paint and Wallpaper Shops - 3 - Hobby and Pet. Shops (for retail items or merchandise assembled or used away from premises) Interior Decorating Shops Jewelry Stores (including watch repair) Music Stores Restaurants (excluding "Drive -In" Restaurants) Shoe Repair and Tailor Shops Sporting Good Stores (excluding Camping, Trailer sales and Rental) Toy Stores Barber and Beauty Shops Currency Exchanges Florist Shops Gift Shops Professional and Business Offices Medical and Dental Clinics Telephone Bocths Government Facilities Public Utility Facilities Permitted signs Conditional uses (provided Village approves ingress and egress patterns as being safe and adequate parking is provided in the opinion of the Chief of Police): Swimming Pools Ice Skating and Roller Skating Rinks Bowling Alleys Billiard Parlors Indoor Theatres Drive -In Bank Facilities provided, however, that the restrictions of this subparagraph shall terminate one year from the date of this Agreement-. The owners and signatories do further agree as to all of subject property to abide by all future Village zoning ordinances which are hereinafter adopted and which have Village -wide application. 7. This annexation agreement shall be binding upon the parties hereto, successors, owners of record of the land which is subject to this agreement, lessee and upon successor. municipalities - 4 -- of said Villa.ge, for a period of five (5) years from date of execution hereof. ATTEST: VILLAGE OF ELK GROVE VILLAGE Village Clerkl BY: - LA SAL_LE NATIONAL BANK as Trustee under Trust Agreement dated September 11, 1968, and known as Trust No. 38400. e:ld rw> �5c;cc>nsa5• M,r."r vic : EDWIN D. LAWLOIZ, as Trustee under the provisions of a Trust Acjrreement dated September 18, 1968, and known as -Trust No. 10. - WALTER C. SASS MArPHILDA SASS ✓ NICHOLAS TRF.IFOROS 5 EXHIBIT "A" THIS DECLARATION made this 25th day of February A.D. 1969 by LA SALLE NATIONAL BANK as Trustee under Trust Agreement dated September 11, 1965. and known as Trust No. 38400, Edwin D. Lawlor as Trustee under the provisions of a Trust Agreement dated September 18, 1968 and known as Trust No. 10, Walter C. Sass and Mathilda Sass hereinafter collectively referred to as the "Declarants"; WITNESSETH WHEREAS, the Declarants are the owners of the real property described as follows: The East 1103.19 feet (as measured on the North line thereof) of that part of the West half of Section 22, Township 41 North, Range 11, East of the Third Principal Meridian, lying North of the center line of Higgins Road and South of the South line of Higgins Road commercial. subdivision Unit Number 3, being a subdivision in the West half of said Section 22, all in Cook County, Illinois. 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 for the benefit of the subject property and for the owner L -hereof, and shall inure to the benefit of and pass with said property and each and every parcel thereof, and shall apply to and bind the owners thereof and the successors in interest thereto: NOW, THEREFORE, the Declarants hereby declare that the subject property is and shall be held, transferred, sold and conveyed subject to the restrictions, covenants and charges herein set forth. -1- ARTICLE ONE The Covenants are to run with the land and shall be binding on all parties and persons claiming under them until January 1, 2020 A.D., at which time all the herein covenants, restrictions and charges shall. cease and be terminated and be of no further force and effect, anything herein to the contrary notwithstanding. ARTICLE TWO No building shall at any time be erected on any portion of the subject property within twenty five (25) feet of any street right-of-way adjoining same, or wi.thin ten (10) feet from all side and rear boundary lines of the subject property or portion thereof if subdivided into lots or parcels. ARTICLE THREE No loading dock shall be erected on any portion of the subject property fronting on any street, unless the front, of such loading platform shall be set back at lease sixty (60) feet from the property line abutting the street on which said loading dock fronts. ARTICLE FOUR All buildings erected on the subject property shall be of masonry construction or its equivalent or better. Front walls facing on streets of such buildings must be finished with face brick, stone, modern metal paneling, glass or their equivalent. other walls shall be faced with common brick or its equivalent. -2- ARTICLE FIVE The Declarant agrees that the area between the building lines and the street property lines shall be used for either open landscaping and green areas or for service access to the building, or to a parking lot. Landscaped areas shall be done attractively with lawns, trees, shrubs and similar treatment and shall be properly maintained in a sightly and well kept condition. ARTICLE SIX Water towers, water tanks, stand pipes, penthouses, elevators or elevator equipment, stairways, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, tanks, cooling or other towers, wireless, radio or television masts, roof signs, flag -poles, chimneys, smoke stacks, gravity flow storage and mixing towers or similar structures may not exceed a height of fifty (50) feet from the established building grade. By the above, no restriction is intended as to building heights. ARTICLE SEVEN Storage yards for equipment, raw materials, semi -finished or finished products shall be so shielded by a fence, shrubs, hedges or other foliage as to effectively screen the view of such storage area from the street. ARTICLE EIGHT The subject property shall not be used or maintained as a dumping ground for rubbish, trash, garbage or other waste; -3- same shall not be kept except in sanitary containers. All i.n- clinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. ARTICLE NINE No fence, wall., hedge or shrub, plant or tree which obstructs site lines at elevations between two and six feet above the roadway shall be placed or permitted to remain on any corner within the triangular area formed by street property lines and a line connecting them at points twenty five (25) feet from the intersection of the street lines. ARTICLE TEN Each of the foregoing covenants, conditions and re- strictions shall run with the land and a breach of any of them may, at the option of the Declarants or any successors or assigns, be enjoined, abated or remedied by appropriate proceedings. It is understood, however, that the breach of any of the foregoing covenants, conditions and restrictions shall not defeat or render invalid the lien of any mortgage on the subject property made in good faith and for value; provided, however, that any breach or continuance thereof may be enjoined, abated or remedied by the proper proceedings, and provided further, that all of the fore- going covenants, conditions and restrictions shall remain in full force and effect against the subject property or any part thereof, title to which is obtained by foreclosure of any such mortgage. IN WITNESS WHEREOF, the Declarants have caused these presents to be executed, their: seals affixed, the day and date first above mentioned. C STA'L'L' OF ILLINOIS) E ) SS CO -ally OF COOL: ) NICHOLAS TRAIFOROS i MI THILDA C. SASS L-�- W LTER C. SASS ' c EDWIN D. LAWLOR, as Trustee under the provisions of a Trust Aar:eament dated September 18, 1968, and Rno%on as Trust No. 10. LaSalle Nati- mal t'^ - T set Lj.ce. I, JU WL a Notary Public in and for said County in the State aforesaid, DO DEREBY CERTIFY TUAT Assistant Vice President of LA SALLE NA'CIOZUL BANK, Gxd 1`r �' `"•`'— '` Assistant Secretaryof said Bank, 1d., t � same perso-is , personally tcnoern to me Co tient �e same perso_is whose narr._s are subscribed to the forc;,oinG instrument as such Assistant Vice President and Assistant Secretary respectively, appeared before ma this day in person and acknowledged that they signed and delivered the $aid instrument as their o;n free and voluntary act, and as the free and voluntary act of said Bank for the uses and purposes therein set forth; and the said Assistant Secretary did also then and there acknowledge that he, as custodian of the Corporate Seal of said Bank, did affix the said Corporate Seal of said Bank to said instrument as his oven free and voluntary act and as the free and voluntary act of said Bank, for the uses and purposes therein set forth. ?, GIVEr7 under m, hand and notarial Seal this �'^ day of., A.D. 19 - - -- -- NOTA21�',PUB1.1c PAY Commission Dpires P;o:l,�mb7r 29, 1571 I