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HomeMy WebLinkAboutRESOLUTION - 49-65 - 9/7/1965 - ANNEX & TAP ON AGRMT/SHEBECKSRESOLUTION No. 49-65 A RESOLUTION AUTHORIZING AN ANNEXATION AND SEWER TAP -ON AGREEMENT BETWEEN WILBNR E. SHEBECK, ERNA SHEBECK AND THE VILLAGE OF ELK GROVE VILLAGE RELATING TO PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ELMHURST AND HIGGINS ROAD NOW, 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 Exhibits A , 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 7th day of September , 1965 APPROVED this 9th day of September ,1965 Jack D. Pahl President Attest: Eleanor G. Turner Village Clerk ANNEXATION AND SEWER TAP -ON AGREEMENT BETWEEN WILBUR E. SHEBECK, ERNA SHEBECK AND THE VILLAGE OF ELK GROVE VILLAGE RELATING TO PROPERTY LOCATED AT THE SOUTH- EAST CORNER OF ELMHURST AND HIGGINS ROADS WHEREAS, Wilbur E. Shebeck and Erna Shebeck (hereinafter referred to as "owners") are the owners in fee simple of real estate legally described as follows: That part of the Northwest quarter (1./4) of Section 36, Township 43. North, Range 11, East of the Third Principal. Meridian described as follows: Commencingg at a point on the 'Jest line of said Northwest quarter (1/4) in the center of the public highway known as the Higgins Road, running thence Southeasterly along the center of said Higgins Road 16 rods, thence South parallel with the West line of said Northwest quarter (1/4) 20 rods, thence Northwesterly parallel. with the center of said Higgins Road 16 rods to the West line of said Northwest quarter (1/4), thence North 20 rods, to the place of beginning, except for that portion conveyed to the State of Illinois for highway purposes. and WHEREAS, the owners desire to annex said property to the Village of Elk Grove Village (:hereinafter referred to as the "Village"), upon its becoming contiguous to said Village, providing the Village accord said real. estate a zoning clasa if:i- cation comparable to the present zoning applied to the property by Cook County; and WHEREAS, it is the desire of the owners to obtain imiediate tap -on to Village sewers; and WHEREAS, the Village agrees to permit said tap -on to said sewers provided the owners agree to annex the real estate described to the Village upon its becoming contiguous, provided the owners construct an extension main in accordance with vil.l.age standards and donate same provided the owners terminate all. trailer park use on said real estate within ter_ (10) years ir_� date and provided the fees specified herein are paid. D?Ouil, THEREFORE, IT IS AGREED by and between the owners and the Village as follows: 1.. The owners agree to petition to annex said real. estate described above and evidence their intention by placing on with the Village Clerk necessary petitions and plats; it being understood that the Village shall. pass the necessary ordinances of annexation when contiguity is established. 2. The Village agrees to zone said real estate to a zoning district classification comparable to the zoning district classification presently accorded the real. estate by the Cook County Zoning ordinance. Questions as to comparability of zoning classifications, in the event of dispute, shall. be resolved by Tec Search of Evanston, Il.l.inois, Village Planners. Nothin; contained herein shall be construed to prevent the village frc:ac. amending the text of its zoning ordinance. 3. The Village agrees that the oviners shall have the ri;,T.[, to extend an existing 10" sewer main on Estes Avenue in accordar(;. with plans and specifications to be approved by the Village Engineer. Said extension main shall become the property of ti -e Village and the owner shall deliver a Bill of Sale for said main to the Village upon its completion. 4. The Village agrees that it shall. not annex an inter- vening parcel of property rectangular in shape and located at the southwest corner of Estes Avenue and Elmhurst Road, havin a frontage of 200 ft. along Estes Avenue and 400 ft, along,E'l:m:arst Road; said property being hereinafter roferr•eO to ,as t.— vening property" for a r,eriod of three: ;yer.rs frcm date •,nl, the owner of said intervening property shall pay to the ovrn;r of the above described property }1200 which amount represents the proportionate share of the cost of the aforedeseribed sewer extension attributable to the intervening property. This provision, however, shall not restrict the village from annoxinr; said property after the three year period without regard fcia payment above described, 5. The owners agree to pay to the Village the sum of $25.00 per month as a sewer c.aarge. This fee shall be ruducced by '$'1..00 per month for each trailer removed from the property of the owner except that the charge shall. in no event be less than the amount otherwise charged regular village users. Bl.1lin7_. shall. be due on the first regalar billing date following connec- tion. g. The Village will not require the owners to tap -on tc village water until such time as the property is annexed. All costs for said tap -on shall. be the owners. 7. In the event that ei'�her party hereto shall violate any provision contained herein the other shall have the to specifically enforce the provisions of this agreement in Court of Law. 8. This agreement shall continue for a period of five years from date and the owner shall continue to have the ri�j-jt to tap -on to village sewers thereafter so long as the owners are willing to enter into a renewal agreement with terms ider_tical to the terms contained herein;, however, in the event that the owner refuses or is unwilling to renew this agreement aft_cr termination then the Village shall have the right to 1;crri-,' -3- sewer service. 9. It is understood that this agreement may be placed on record by either party to same. DT WITNESS WHEREOF, the parties have entered their hand and seal this day of i''i,ji, 1965. Attest: V.7-11—age--Clerk i/ L' 11JI1. urr E Shebecl Erna Sfteoeck VILLAGE OF ELK GROVE VILLAGE -41- resldent