HomeMy WebLinkAboutRESOLUTION - 58-69 - 5/20/1969 - ANNEX AGRMT/AMALGAMATED TRUST BANK i
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RESO'lIi I(,:! NO,
f
LI IT 2ESOLVED by the ProsMnt end Board of Trusices
or tilt VilUji of Elk Cross Vill,n, Counties o'f Cook and Wage, Sial^ of
Illinois.
St-Won 1 - That the Vfllage President be and is hereby authorized to
sign the attached doewa::nis marked ami:.::=ai.oa ; u;_ecrscrt rrrl r-r-andraent; to
i n=i._on z „ _a.,_enL..
a copy of which is nttached hereto and made a part hereof
as if fully set forth and the Village Clerk is authorized to attest said
docuwants upon the signature of the Village President.
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Section 2 - That this resolution shall b;: in full force and effect from -�
and after its kassage and approval according to law. CEJ
PASSED this Nth day of��—
APPROVED this 100, day of_^Jt:n0 I0_ �..
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tL._ Villa,,- c! ._!'.: t;... . ..i� a-! _i;._ Q.- at.Aowvd
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INA n. .:..::. it is alwaof . : nP 1 Ch._ JAWS Ch'st O rn,raph 5
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, , Cts ..;;Z:; ba Gi::^_1L.ud by v!. _. g (-C',, ...`t0 M 7:O Zl C':.').ilg•
"The c"'..^r VA/01 his OwA10A ._,_,'i,. T vircas
to J.LIT>i:ovs 1-RriCi t6 be C. '.:_('no .1 by Vote::
p::rccl , , _ ipatcl :� with 60' l..t. } th Cltcit
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].1:".'pr0'. C: ..oms LS t_li.• �, L11: _ „ _.. ' C&A 7 Q
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its _o,i.-�.C'_2. �.Cl F,O C'p ?]:'._.'_7: 1'' I� l�� y of . -14
rims^, upon thn rC^C:':_ n^a.-,_ L_ ' n On Imn-. W
i1c-L,'1 U,nnr shall I,;:y th _ W,- An swa
Dollars to Cnabl_e the war',-.
to be do-:. . "
ti.w h^rti^S h.^.rC placed their HAS and
f 1^ 1.^ this Cay of
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As Touslow War '1:_..;t: i;C. 2033
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OMcm-
,,.. - _ �.^, 1 : 11' _.. C:1Or rust Wo, 2073
VTl.,1. Y. .III,\ W,. , ,. `'r[TAG 1%
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inIdw and enL-rred into this — - —y --
1969, between the Villago of YK
p . r; its:WO referred to as the Vilingc , Amalgamated
iA , Trust-cc , under Trust Agrvemcnt dated August
swNo. 2053 , Amalgamatcd Trust. and Savings
, , ., niovhK urO , TfusL Agrccment dated July 1, 1968, ]mown
::t m. 2053, hcrcinafter collectively referred to as owners
. .,.] c•c:.::unw. "Ith Edison Company and Natural Gas Pipeline Company
of Am-i ica , here.i.naftcr collectively referred to as Utility owners .
WITNESSETH : N
CD
WIIEI2EAS, the owners and Utility owners consist of the CM7
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record title holders and contract: purchasers of the real property, W
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which is the subject of this Annexation Agreemont and which is W
rho::n on the Annexation Plat hereto submitted to the Village
051 ottnchod hcroto as Exhibit "A" , and
WOMEAS , the Corporate Authorities of said Village have
' !, fixod a time for and held a public hearing upon this Annexation
nt aid have given notice of sai.d ,hearing, all as provided
uto , and
6:i.^ H;nS , there has beensubmitted to the Village Clerk
•i Invo , an Annexation Petition executed by the owners and
• ' itY t-om rs and electors residing upon the said property, which
_,ri, isty is in tho unincorpcyatcd cirri of Cook County and
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t4-n :nrat c AuLl:ur-i.l: i ps of the Vail i OgO haVx'
f Cnc Y, al property doscr:il,A in said
for .ouzel in cons i dr•raL .ion of t h- mutual
ata of the parties herein contained, it is
1 , ni vi l l ;:q-. agrees th.a it will annex the p operty
i in l'.; Ahit "A" : and zon^ same upon annexation
..::tri :;l) zone .
',':...t it is undorstood with regard to Pai:cel I and
in .lyhibit "A" , the M-1 zoning classification permits
to r" id property for oub]-ic utility substations and facilities
cl - ic, natural gas and oil transmission and distribution lines
liu^s . The Village agrees to amend its present zoning regu- N
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l ;,tione : o as to specify the following as permitted. uses : to construct, CO')
Cao
( .- Pte and maintain pipeline, transmission and distribution lines and _ W
lccilit , :: for the transpor.tati-onof electricity, oil and natural gas . CA)
3. That the owners have executed a Ucclaration of: Re-
Covenants which shall run with the land, a copy of which
ci ':shibit "I3" attached hereto and made a part hereof
1 c•-use same to be placed of record with the Recorder. of
O to% ('OlLnty and agree net to roloase the restrictions
?. rein without the prier consent of the Village .
ht• Ch:Ir_rs agree to install and donate )Dy bill of
l iC
improvements r.cr,u9-rc•d by the laws of the Village
streets, si.dewalhs , water and sewer mains and storm
It is undo stood that the enginooring standards applied
tiws,o dotorminod nacossary by tho Village I:ngi_ncor and
:c ut r-.h;il ) he dc•cntc Cl cencl_as-i va on a) ) issues as; in the
end ncd of . uch inr rocc u: nt:; .
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(:.."]' •r:. 2!<jre(` to Col:u ; to the v1 ] ) ogo , iI7o SL)P.1
fn, InOlic p".)r! . _ , SON a _:nwnt to l:_ povnido as
� ! , 4 5 . (fit) on. _ u.r frc_. KM h-roof and :3, 000. co pe)"
r.p.)i.v.-rt ; ry of this rgrucmcnt until the full.
: d ircoij, A , hc'.. . vt , that in tic cvon! 75of th(-
� � C 1t` . U .:ill. 1Q1& >.;; o:. tiro..: havc b_, n a' l ic•ations
f h the full
... _�r.I.L.S �_:', _ < _.: , �_:(�^„ In _ it CaS�: , 2::'.lO;;llt
i (i l:. , , vn pr shall tete,.__ i___._ .iiatcly due and oayabla .
G . It is understood and Pgrccd that the o•nors shall
inclr17 an East-hest Round street across subject property as deemed
n( c ;rvey by the Village Engineer . Such East-Frust street shall not,
howw-cn be across Parcels 1 o;: 4 as described on Exhibit "A" .
7 . In the event that any of tic aforementioned ob-
ligations are not performed, by the Owncr, the Village shall have COAD
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tho right to disconnect such parts of subject property as arc, at -_4
raid time (the time of violation of this agreement) non-improved
wit! Un5ldings or structures and not using: the water and sewer
focitities of the Village, in which event , any portion disconnected
tlx` Village shall not be entitled to its water and sewer
In addition, the Village shall not M required to
t _A16in:g or occupancy permits f-r any now structure to be
on subject property until Owner has fulfilled his
'Iris, hc_ nver, shall not orovant any person who has
cOPstructcd a building on any portion of subject property
8. The record oiners do hereby agree to forego any
(lin,-annex any pro orty hcreunj.r unless provisions con-
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_. ..�.... .,......_ ....ate _.a. _ '.ri- t
viol-Pied by the Village .
Ir(Ninions of this agreemont shall he binding ,
% but their heirs and assigns and be con-
upon the land and a' condition to its devoloymcnL.
10. h^ of no force and offect unL-il,
1):i?J ;-1,.j zlnnxjl;-ion of the subject groper-ty and Y(N-
C,ily naclod by sold Villngc .
11 . This: Agrccmant shall bp enforceable in any court
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KHt jurisdiction by any of the parties or by 0"Y app-
1 , 1viat , Pat at low or in equity to secure the performanco of the
(,,A•,inwv herein contained.
12 . if any provision of this Agreement is hold invalid,
:.11(11h provision shall be deemed to be excised therefrom and the
inva .jdity thereof shall not affect- any of the other provisions
contained herein .
13 . This agreement shall not require the Utility Owners C0
to mote any payments or be subject to any obligations or indebtedness:
rj�c & Ncolly placed upon the Owners in the above paragraphs .
14 . This annexation agreement shall be binding upon the
i( �; hereto, successors, owners of record of the land which is
u! to this agreement, lessees and upon successor. municipalities
Village , for a period of five (5) years from date of
'lira hrroof .
VILLAGE OF ELK GROVE VJLJAG-Ai:
C
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Ztidh].C7;?1:�'_r9;i) 'J'RUS'1' f: SAVaizUS )'•AN*,C as
Trustwo und:-r Trust ArJrc•emant dated
i,UCinst 1, 3558 and %nown as Trust No.
41,
AW SA'SA1Ta !RUST & SAVINGS DANK, as
s.li c r.I,:._ : Trust dated
Duly 1 , 1935 and known as Tru,C No.
d 2053 .
Al
COi•i'iCi;:C.i3ALT;7 EDISON COMPANY
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NATURAL GAS PIPELINE COMPANY OF AMERICA
"Vice President
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Notary in Public n i nd for sail
f.:�N GW&
SOW .._oywa3d, do haroby certify tha
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peracnally _;I`i:wn to so to be the VICE PRESIDENT
L GAS Pi ;.MNA CCM!QnY Oy !..• .:MCA, a corporation, and
. . . . . . ..g i; DCI':C:'.,._ ...1 y r:ri G:L.. to me LC be the ASSISTANT
of said cCii'por alio :., and porsonal.ly known to me to -
.. porson5 whose nnaus are Subscribed to the fore-
inn i:_ill ent, appeared before me this day in person and
17• ac'%nowled3od that as such VICE PRESIDENT Mui ASSISTANT
;sY, they signed and delivered the said :i.nstrumont as VICE
and ASSISTANT SECRETARY of said corporation, and caused
corpnrate seal of said corporation to be affixed thereto, as
r• f,•ce and voluntary act, and as the free and voltulta"ry act
r �.! :ecd of said corporation, for the uses and purposes therein
!., t forth. O
GIVEN under my hand and Notarial seal this d, ! i.. __
C _ o: A ,n C , A. D. 19 0
Gary putiIT
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IXGAA DFSPRIPTTOT�
Parcel I
That part of the Southwest 1/4 of Section 22 and that part
oE the Northwest 1/4 of Section 27, both in Township 41
Forth, Range 11 East of the 3rd Principal Meridian bounded
ly a line described as commencing at a point on the North
line of the NW 1/4 of said Section 27 99. 0 feet West of
the Northeast corner thoroof; thence South parallel with
the East line of said Northwest 1/4, 109 . 81 feet to a
point. on the Sduthnastarly line of the right of way of the COO
r,y,)
Commonwealth Edison Co. ; thence Southwesterly along said
Southeasterly line to a point on the South line of the
North 3/4 of the East 1/2 of said Northwest 1/4, 576 .26
feet Past of the West line of the East 1/2 of said Northwest
1/4 ; thence North parallel with the East line of said North-
west 1/4 to the Northwesterly line of the right of way of
the Commonwealth Edison Co. ; thence Northeasterly along said
Northwesterly right of way line to an intersection with a
line 50 foot North of and parallel with the South line of
the Southwest 1/4 of said SccKon 22 ; thence East to an
intersection with a line 99. 0 for't West of and parallel with
the Fast line of the SouthwesL 1/4 of said Section 22 ; thence
South along said parallel line to the place of beginning .
4
Ca,r of A.D.
as YrUS',:C U :cici TrUSt
1 , 3902 =d knowa as Trust No. 2033 and
. .OMKI, WAA, an i'f.;Kco. Under Trust lire-�-i;ii'nt
. .- .. <... ..:U .. -:o. 2053 , heroin,ifter
'�.. in. tale 1)i`clarants are the owners of the real.
ila'.. In Exhibit; 1 atta C1.cd heroto, incorporated
.,L.(i : -.UC a part: hereof as 1f fully set forth herein,
kl�crruU ,-o as the '!;l:AjeCt property" ; and is desirous
.,.tic! proporf.y to tire` restrictive covenants and ry
set: io,-Lin, each and all of Which is and are - Q.)
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Kt of the subject property and for the owner thereof, C-A
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, - ;o to Me benefit o! and Mass; With said property and
! ;,.-c•. l ti:ercof, and shall apply to and bind the
:.d the successors in interest thereto:
t:ne cleclarant.s hereby declare that the ,
i ;. an& .,:;all be held, transferred, sold and
to the restricuLon s, covenants and char(les herein
I
C<:r ,,,,,;t s are to run with the land and shall be
i7"Iles and persons claimin(J undc7" thea uIltil
01 �/ / at t:ilicil time all the hercin
t.0 J?111 JG: . _..-1i 1 z t. any Szo ba ercc`CW on nEy purt-Wo
W ti, f n11jccL jQ c A ti!.i :, t': onty- five (Li) feet of any
nt cut NVIt-- U : %. LjoinI V _.-.. tu, or w! Win ten ( 1.0) feet from
Cc anO Ir:ll' 70'.::.C: l:y l.inos of We subject 1?.`.'GpC'r t, Or
j,r A)'i io;t tljeruo_- if su'WivianO, into lots or parcels . -
No 1oa.<<] U dock shall be erected On any portion of file
subject prop rty fronting on any strect, •unless the front- of such
IuNai.ng platform shnll be set back at Knot sixty (60) feet from
the proporty l i nc abutting the strCUt on Wbi ch .,d11.C1. loading dock {tel
G
Molts. OD
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ARTICLE FO r;:
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he Doclarant agree;; to provide on the subject property
or portion thereof, off street autocohiJ.e parking lacilities
Cann On a minimum rate of one 300 square foot space for each
tLn c (3) onyloyces ecpl-oycd on the st:bject property or portion
tii"Inof, by the orifiiLal Occupants thereof.
ART-TR ,r F-1 P.:
All buildings orectod on the subject prcperty shall be
Of I.mOO:ll"Y' constr Ucticn or It ; equivalent ' Or batter . Front walls.
f""Q 00 streets of such Milia P;s punt to finished with face
h;"L . Mne, modern actal pnvoi Ng, glars or their cg1utY-Acnt:.
other oquipment or LQ : Ll"nCu U- Ct] :'po:. ]- A such wntPrial
shaI b:• kept. in a ce:ui ane rani t'u:y cond i_t.ioil
No fence, wnJ ] , L.: aqu or shrub. plant or tree which
obstructs site lines at clevnHonz bort"?Ce1 two and Six feet: above
the road.o-ny shalI bu p] acPA or per:. i t ted to rcmain on any corner
within the trip gular area forced by street property lines and it
line connecting them at points twenty five (25) feet from the
intersection of the street lines,
Ak`i7CIX �JA:V;'N
Each of the forcooinc covenants, conditions and restrictUns
shall run with the land and a }. reach of any of them may, at the
N
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option of the Dec] arants o,: any, successors or assigns, be enjoined, �
OJ
abated or rcmcWA by ap; ru;.? iatc proceedings . it: is understood, W
however, that the breach of any of the foregoing covenants , con--
dit5ons and restrictions shall not defeat or render invalid the
Don of any mortgage on the subject property made in good faith and
for value; provided, however, that any breach or continuance thereof
Uay be enjoined, abated or ree•, sied by the proper proccediczgs, and
proviond further, that all of the foregoing covenants, conditions and
10KArtions shall remain in full force and effect agai-nc,t the subject
p: c-,"rtp or any part thereof, title to which is obtai-nrd by foreclosure
Of any such LwrtUage .
in @t:f;Pmns Fats?1:1'.0:', the Doclarants have caused there prCnents
`' M. w0ril , f ?:� �.i1 �,;�' 'l : afci :<e��], the day and data first above
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P,
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7.
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_o South 3/4 of the East _./- -
.w2st 114 of Section 27, TcynhA7
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as •. 1/4 C1 Jiction 2 ... - . . .. of .
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• �i JCi���S� ti M Ilt •� .
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P „ c 1 2
Ieorth ]-/2 of the Pig st 1/2
ct 27, Tu:; sahi.p 41 Nor0j, Range
J ridi.an, describz!d t1:; follow; :
of the East 99. 0 feet
' nC is 1.09. 81 feet South of
(;,s ril •asureC, ;along the
Sou 1'7 cestr. rly
52 feet to a point
c,;_ : 1/2 of the 19orth 1/2 of the
is 576 .26 feet Past of U7e
1';r,st cJong said South Linc.
todesC line of the Past 99. 0
along 1.17e Wee>t line
dist.mce of 557 . 03 fceL to the place.
of the Fast 1/2 of the Past
1-/2 of the NorthclLion 27, 7b::nship 41 North, Range 11 Last
(except the East 99. 0 feet
;c•. ,)t the South 82 . 50 feet thereof) .
N
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Parce]- 4 CO
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feet
. `�O/of the East 1/2 of the Last 1/2 of the North- W
ctic`n 27, Township 41 North, Runge 11 Fast of
l "12riclizm, e..cept the Last 99.0 feet thereof .
Parc(,]_ 5
Fast 1/2 of the. Nort]7casL 1/4 of the South-
c' 27 , i'oe:nship 41 North ; Range 1.1 East of
l. :'.cridian, lying North of the center line
("?;Ci'jni ]ng °YC[il Sa1dtract the lia:;t 99 . 0
in <"oo:_ County , Illinois .
RESOLU'iI').: 1;0. 32-76
A RESOLUTION AUTHORIZING AN AMENDMENT TO ANNEXATION AGREEMENT BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE AND AMALGAMATED TRUST AND SAVINGS BANK
AS TRUSTEE UNDER TRUST NOS. 2053, 2053 AND OTHERS(RESOLUTION NO. 58-69
P;0;T, iF 2EFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Vi1:Lage, 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 AMENDMENT TO ANNEXATION AGREEMENT
ADOPTED BY RESOLUTION NO. 58-69
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 tail force and effect
from and after its passage and approval according to law.
PASSED this 27th day of April 1976
APPROVED this 27th day of April , 1976 .
resident
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AMENDMENT TO ANNEXATION AGREEMENT
BETWEEN VILLAGE OF ELK GROVE VILLAGE
AND AMALGAMATED TRUST & SAVINGS BANK
AS TRUSTEE 'UNDER TRUST .NOS . 2063,
2053 and OTHERS.
WHEREAS, the Village of Elk Grove Village and the above
mentioned parties entered into a Pre-Annexation Agreement on
the 29th day of May, 1969; and
WHEREAS, the Village of Elk Grove Village and the above
mentioned parties entered into an Amendment to Annexation Agree-
ment on the 29th day of May, 1969; and
WHEREAS, a resolution authorizing the execution of the
Annexation Agreement and amendment thereto was adopted by
Resolution No. 58-69 passed by the President and Board of
Trustees of said Village of Elk Grove Village at a meeting
duly held on the 20th day of May, 1969, which resolution is
in full force and effect and part of the official records of
the said Village; and
WHEREAS, it is deemed advisable that said Agreement of
May 29, 1969 be amended.
NOW, THEREFORE, it is agreed between the parties that
paragraph 14 of said Agreement be amended by substituting the
t language now existent with the following language:
"This Annexation Agreement shall be binding upon
the parties hereto, successors, owners of record
of the land which is subject to this Agreement,
lessees, and upon successor municipalities of said
Village for a period of ten (10) years from the
date of execution thereof. "
AND FURTHER, that the said Agreement be amended by incor-
porating the following additional language:
"The use of a portion of the premises for an open-
air farmer' s market stand is herewith permitted on
the land annexed until December 31, 1976."
IN WITNESS WHEREOF, the parties have placed their hands
and seals this 23rd day of April, 1976.
AMALGAMATED TRUST & SAVINGS BANK
as Trustee Under Trust Nos. 2063
and 2053.
BY l(ALGGxIdLLul/ i!//�LLccuZGG�l1/
T�
VILLAGE Or ELK GROVE VILLAGE
l
By 'J
PresiA nel
I1 � �\ COMMONWEALTH EDISON COMPANY
> ti� ATTEST: ` ~' ice President
Assistant Secretary
t � NATURAL GAS PIPELINE COMPANY Or
AMERICA
By-
ATTEST:Vide Pres i n£ -
Assists t ecretary
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