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HomeMy WebLinkAboutRESOLUTION - 25-68 - 3/26/1968 - AGREEMENT/ARVIDSON CONSTRUCTIONRESOLUTION NO. a5mfi3 A KLOCUMW DZRMMM TEM VlfddlGi6 MIM ARD VILLAGE CIM TO 03M AN ACS BETpt W ZE VEL OF ELY am VILLAGB, AND ARVMW COMTitU(TIC!N CWANr A111D LAB1 MC 111ATIO UL BAIVIC AB TRUBM =W TRl)aT No.28810 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 I - That the Village President be and is hereby authorized to sign the attached documents marked Pin figreenent between the VMAge of Elk Grove Village and Arvidaon Cmatruction Co and 144 3.10National Bank !"tee under Trust No.298E0copy of which is attached hereto and made a part iereo 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 effecL from and after its passage and approval according to law, PASSED this 2(Ah day of parol, , 196-1j._. APPROVED this260 ay of 11 111 Jack D. Pahl President At est: Eleanor G. Turner Village Clerk j or, I Vi - j or, I AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND ARVIDSON CONSTRUCTION (651PANY AND LA SALLE NATIONAL,BANK AS TRUSTEE UNDER TRUST NO. 28&10 WHLREAS, the village of Elk Grove Village, has by virtue of Section 8.O05 of its Municipal Code, provided for the oversizi.na of aani_tary sewer mains to accomplish future development, and WHEREAS, safe?. Section of the Municipal Code provides for the re- payment to the Developers of advances made by said DevnJ opers in connection with the construction of over- sizasd sanitary sewer mains, and WHEREAS, the LaSalle National Bank, as Trustee under Trust No. 2W10, is the owner of the following legally described property: The east 981.93 feet of the Southwest quarter of the Southwest quarte;' of Section 32, Township 41 North, Range 11, Easy of the Third Principal Mpridian, Cook County, Illinois. i ara desires to anvA same to the Village of Elk Grove Village, and i WHEREAS, Arvidson Construction Company, an Illinois corporation, is -he contr_ict purchaser of the above described prope*r, and is al:,, interested in annexing said property to tie Village wf Elk Grove Village, and WHEREAS, .itlhPA been determined that it is necessary for the devliopment of the above described property and pronert; wAr thereof that there be installed an 18 inch vitri.f.ic'- 1,aav sanitary sewer including 9 manholes appropriately spaced, the first portion of which to be in Devon Avcpu , from a point near the west line of Somerset Lane in F V:: Grove Village Section 14 westerly along a route 1890 is i. thence northwesterly approximately 205 feet, thenco westerly approximately'720 feet, thence in a southen1v direction approximately 170 feet to Devon Avenue termination point is approximately 400°feet east of the west line of the SW quarter of Section 32, Toamshin 41, Rain. e 11, Last of the Third Principal Meridian, Cay'; County, Illinois, or as modified by joint agreement of the parties predicated upon land use, and WHET AS, it has been determined that the proposed'sanitary seder will benefit not only the land legally described above bit also all presently non -incorporated land lying south of Biesterfie:_d Rd., North of Devon, East of Rahlwing Road, and lying within the watershed of Salt Creek (see Exhibit A attached) (xclud:ing t,.e -90 night -of -way (approximately 2G acres), and WhERFAS, __� has been determined that all persons annexing to the Village in the above-descE:ibed area and benofitil_ from the proposed improvement except the State o;' Illinois and the Village of Ulk Grove Village shvnYl contribute by way of an anne ration fee so that the) Ioveloper of the first dose:?ibed property above PAv re-cover the advances made by him for the benefit, of others, and l7IEREAS, it has been determined that the amount of benefit V-) be derived by property other than the first lecsnAly described above is equal to $35,500.00, and -HERE S, it has been determined that said otherwise benefit-'- l.roperty constitutes approximately 300 acres, 1:OW, THFRFFORE, IT IS AGREFO by and between the Village c7 Y' "_'ove village, hereinafter referred to as Village, and r--7"! Tational I„ank, as Trustee_ under Trust. 02.3810, hereinaf:;:: referred to as Owner, a'-3 Arvidson Construction Company, �11 ilinois corporation, 'ereinafter referred to as Davolon, -, as follows,. 1. The 'illage will anne- OV2 nhove-described r -,Al e Sate and inc__porate it within 1'_o Villago I �imits and boundaries. That the Village agrees that it will not ar r any of the property lying within an area d, as follows: South of B.iesterfield, Fort> c- Devon, and' East of Rohl -wing I d. , a ying c _iC'h:' _,i the watershed of Salt Cre<_c (see E:rhihit T,'t excluding I-90, except by requiring the i-n7Pi :_:, annexing to pay the sum of $130.00 per Dcro (except for land dedicated to the Village time of annexation) for each were to be which sum shall be paid to the Developer on 10;. assigns upon receipt of said sums. A. The Developer agrees to and does herobv asp the first $18,000 received under this agrcr__' to the Village in lieu of and in satisfnci_1. of the requirement in the Eubuivision C'o Ordinance requiring the Developer to dcdic D lands through the Village for the public. &. It is agreed by .he Village that the obliaa ^'n under the Subdivision Control Ordinance of v Village relating to the dedication of propr_fL for the public benefit be and :it is hereby declared satisfied. -2- M 5 ' kZ d vfp cJ e )6. under Trust #2881Qnd not personally" By.J �, By: � ver Its: -ANK %:XE : !ZESIDENT The Developer agrees that upon and simultaneous with the annexation of the aforementioned property that he will deliver to the Village Clerk a $1500. certified check payable to the Centex Construction Company in full satisfaction of any obligation on his part to the village or to the Centex Con- struction Company under an agreement between said parties dated the 11th day of May , 1965. The Developer agrees that upon completion of the proposed improvement, he shall deliver unto the Village a Bill of Sale, such easements as may be necessary and As -Built drawings showing the exact location of the improvement described as well as a Bill of Sale, necessary easements and As - Built drawings concerning all public utilities. 7. All amounts collected by virtue of this agreement in excess of $35,500.00 shall be deemed the monies of the Village. Any obligation on the part of the Village to collect any monies hereunder shall cease and determine as of May 1, 1988. It is understood, however, that in the event this time period should be judged illegal then this agreement shall be in force only for such time period as sha11 be judged legal. 8. The Village shall pass an ordinance prohibiting tap -ons unless the sum of $130.00 per acre is paid MM by persons desiring to use sanitary sewers above-described. IN WITNESS WHEREOF, the parties ha hereto entered into this Agreement this - ( ` day of �1�%?' ! , 1968. 5 Vi e of Elk Grove laq�6 d vfp cJ Trustee " under Trust #2881Qnd not personally" By.J �, By: � ver Its: -ANK %:XE : !ZESIDENT The Developer agrees that upon and simultaneous with the annexation of the aforementioned property that he will deliver to the Village Clerk a $1500. certified check payable to the Centex Construction Company in full satisfaction of any obligation on his part to the village or to the Centex Con- struction Company under an agreement between said parties dated the 11th day of May , 1965. The Developer agrees that upon completion of the proposed improvement, he shall deliver unto the Village a Bill of Sale, such easements as may be necessary and As -Built drawings showing the exact location of the improvement described as well as a Bill of Sale, necessary easements and As - Built drawings concerning all public utilities. 7. All amounts collected by virtue of this agreement in excess of $35,500.00 shall be deemed the monies of the Village. Any obligation on the part of the Village to collect any monies hereunder shall cease and determine as of May 1, 1988. It is understood, however, that in the event this time period should be judged illegal then this agreement shall be in force only for such time period as sha11 be judged legal. 8. The Village shall pass an ordinance prohibiting tap -ons unless the sum of $130.00 per acre is paid MM by persons desiring to use sanitary sewers above-described. IN WITNESS WHEREOF, the parties ha hereto entered into this Agreement this - ( ` day of �1�%?' ! , 1968. 5 Vi e of Elk Grove laq�6 LaSalle National Bank as � Trustee " under Trust #2881Qnd not personally" By.J �, By: Pres "dent Its: -ANK %:XE : !ZESIDENT Village Clerk/ -3- Secretary, Arvidson Construction Company .� 7"J., {{ 1r,�. • �'•\ etcws y �1 1�� 04If V;j %,• ' � � / \ \ rct any � � 1 / � '� ` �' ��� / (/ � C � � - _. SIC[ .. � .er ,9/L '� • . ,1/ 01 "log ISM IIC /,,wob�frl �y 4 3i.°K � �"�• j �, It �' .. Pp -.. '�:��'. w � \ 6Z C CP PT ri 'CP ii