HomeMy WebLinkAboutRESOLUTION - 45-64 - 12/3/1964 - PRE ANNEX AGRMT/MCLENNANRESOLUTION 110, 45-64
A RESOLUTION AUTHORIZING THE EXECUTION OF A FRE -ANNEXATION
AGREEMENT RELATING TO 110 ACRES OF PROPERTY AT THE SOUTH-
WEST CCRM OF DEVON AND ELMHURST ROADS BETWEEN THE VILLAGE
AND THE RECORD TITLE OWNERS THEREOF.
WHEREAS; the record title holders of the real estate herein-
after referred to as well as all electors residing thereon, have
duly petitioned the Village of Elk Grove Village for annexation
to the Village of Elk Grove Village; and
WHEREpSp a$ a dondition precedent to said annexation the
record title holders of the hereinafter described property and
the Village of Elk Grove Village deem it advisable to enter into
a re -annexation agreement, which agreement is marked Exhibit
"A' attached hereto and incorporated by reference as if fully set
forth; and
WHEREAS, in accordance with the provisions of Division 15.1
of the Municipal. Code of the State of Illinois due public hearings
have been held and conducted in accordance with the provisions of
the Statutes made and provided; and
WHEREAS, all other provisions and necessary requirements
precedent to the execution of said agreement have been taken,
NOW, THEREFORE, BE IT RESOLVED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DuPage, Illinois:
Section 1. That the President and Village Clerk of the
Village--o—f=Grove Village are hereby authorized and directed
to execute for and on behalf of the Village of Elk Grove Village
a Pre -A nnexation Agreement relating to 110 acres of property at
the Southwest corner of Devon and Elmhurst Roads, a copy of which
agreement is marked Exhibit "A" and attached hereto.
Section 2. This resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED and APPROVED this 3rd day of December , 1964.
AYES: Trustees Dillon, Keith, Lewis, Mikkelsen, Mullen, Zettek
and President Gibson
NAYES: None.
ABSENT: None.
James R. Gibson
President
Attest:
Eleanor G. Turner
Vi3aage er
r
.01
A -
ANNEXATION AGREEMENT
RELATING TO 110 ACRES OF PROPERTY AT THE
SOUTHWEST CORNER OF DEVON AND ELMHURST R
WHEREAS, the LaSalle National Bank as Trustee under Trust
No, 2 9813, dated June 21, 1962, is the record owner of the
property legally described as follows:
and
The West 4 acres of the North 10 acres of the South
20 acres of the North 1/2 of the East 1/2 of the
Northeast 1/4 of Section 2, Township 40 North, Range
11, East of the Third Principal Meridian, DuPage
County, Illinois
AND
The South 10 acres of the North 1/2 of the East
1/2 of the Northeast 1/4 of Section 2, Township
40 North, Range 11, East of the Third Principal
Meridian except the following: That part of the
South 20 acres of the North 1/2 of the East 1/2
of the Northeast 1/4 of Section 2, Township 40
North, Range 11, East of the Third Principal Meridian,
described as follows: Beginning at a point on the
South line of the North 10 acres of the said South
20 acres of the North 1/2 of the East 1/2 of the
Northeast 1/4, said point being 50 ft. west of the
East line of the said Northeast 1/4, thence West
along the South line of said North 10 acres, 480 ft.
thence South parallel with the East line of the said
Northeast 1/4 300 ft; thence East parallel with the
South line of the said North 10 acres 480 ft. to
point 50 ft. West of the East line of the Northeast
1/4; thence North parallel with the East line of the
said Northeast 1/4 300 ft. to the place of beginning.
AND
The North 8 acres of the South 1/2 of the East 1/2
of the Northeast 1/4 of Section 2, Township 40 North,
Range 11, East of the Third Principal Meridian,
DuPage County, Illinois
WHEREAS, Donald M. Kidder is the record title owner of the
following described real estate:
Wit]
The East 2 acres of the North 10 acres of the South
20 acres of the North 1/2 of the East 1/2 of the
Northeast 1/4 of Section 2, Township 40 North,
Range 11, East of the Third Principal Meridian,
DuPage County, Illinois
WHEREAS, City Wide Insulation Company, Inc., an Illinois
Corporation is the record title owner of property legally described
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as follows:
and
The West 4 acres of the East 6 acres of the North
10 acres of the South 20 acres of the North 1/2 of
the East 1/2 of the Northeast 1/4 of Section 2,
Township 40 North, Range 11, East of the Third
Prino+ipal Meridian, DuPage County, Illinois.
WHEREAS, Citizens Bank and Trust Company of Park Ridge,
Illinois, Trustee under Trust No+ 457, dated March 1, 1963, is
the owner of the following described real estate:
and
The North 17 Acre8 of the Northeast l/4 of the
Northeast 1/4 of Section 2, Township 40 North,
Rahge 11, East of the Third Principal Meridian,
DuPage County; Illinois.
AND
The South 22 1/2 acres of the East 1/2 of the
West 1/2 of the Northeast 1/4 of Section 2,
Township 40 North, Range 11., East of the Third
Principal Meridian, DuPage County, Illinois.
AND
That part of the North 1/2 of the East 1/^;of the
Northeast 1/4 lying South of and adjoining the
North 17 acres and lying North of and adjoining
the South 20 acres, all in Section 2, Township 40
North, Range 11, East of the Third Principal
Meridian, DuPage County, Illinois.
WHEREAS, Citizens Bank and Trust Company of Park Ridge,
Illinois, under Trust No. 457, dated March 1, 1963, is the record
title owner of the following described real estate:
and
The East 1/2 of the West 1/2 of the Northeast
fractional 1/4 of Section 2, Township 40 North,
Range 11, East of the Third Principal Meridian,
except the South 22 1/2 acres thereof, all in
DuPage County, Illinois.
WHEREAS, Elsie Knaack, Erwin F. Knaack and Agnes D. Knaack,
Violet Burmeister and John Burmeister, are the record title owners
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of the following legally described propertyt
and
The South 1/2 of the East 1/2 of the Northeast 1/4
of Section 2, Township 40 North, Range 11, East
of the Third Principal Meridian, except the North
S acres thereof, all in DuPage County, Illinois.
WHEREAS, the foregoing record title owners of said various
properties hereinafter collectively referred to as the record owners,
have joined with George Schroeder and Anna Margaret Schroeder,
registered voters residing thereon, in a petition to annex all of
the heretofore described real estate to the Village of Elk Grove
Village, which real estate as a whole is legally described as
follows:
The North 17 acres of the Northeast quarter of the
Northeast quarter of Section 2, Township 40 Nor,h,
Range 11, East of the Third Principal. Meridian, in
DuPage County, Illinois.
ALSO
The South half of the East half of the Northeast
quarter and the South 20 acres of the North half
of the East half of the North East quarter of
Section 2, Township 40 North, Range 11, East of
the Third Principal. Meridian, exce t That part of
the South 20 acres of the North Up of the East 1/2
of the Northeast 1/4 of Section 2, Township 40 North,
Range 11, East of the Third Principal. Meridian,
described as follows: Beginning at a point on the
South line of the North 10 acres of the said South
20 acres of the North 1/2 of the East 1/2 of the
Northeast 1./4, said point being 50 ft. West of the
East line of the said Northeast 1/4; thence West
along the South line of said North 10 acres, 480 ft;
thence South parallel with the East line of the said
Northeast 1/4 300 ft; thence East parallel with the
South line of the said North 1.0 acres 480 ft, to a
point 50 ft. West of the East line of the Northeast
1/4; thence North parallel with the East line of said
Northeast 1/4 300 ft, to place of beginningj, in DuPage
County, Illinois.
ALSO
The East half of the West half of the North East
fractional quarter of Section 2, Township 40 North,
Range 11., East of the Third Principal. Meridian, in
DuPage County, Illinois.
-3-
en orop.rty shall hereaf`,er be refr-r^r to aF tl o'r
proper`•y"; and
WHEREAS, William C. McLennan Co., Inc., an Illinois Corporatio ,
hereinafter referred to as the "developer" is an industrial land
development company whose business it is to subdivide and develop
industrial properties; and
WHEREAS, the record owners and the developer are desirous of
annexing said property to the Village of Elk Grove Village in
accordance with this annexation agreement; and
WHEREAS, the Village of Elk Grove Village, hereinafter referred
to as the "Village", in accordance with the provisions of the
statutes of the State of Illinois, has determined that it is to the
best interest of the said Village that said property be annexed
to said Village and that this annexation agreement be entered into.
D10W, THEREFORE, IT IS AGREED by and between the record owners,
the developer and the Village as follows:
1. The Village agrees that it will zone the subject property
M-2 (Heavy Industrial) upon annexation.
2. The record owners have executed a Declaration of Restric-
tive Covenants which 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 DuPage County and agree not to
release the restrictions contained therein without the
prior consent of the Village.
3. The developer and record owners agree to cause the subject
property to be subdivided in accordance with a Master Plan
of Subdivision, copies of which are marked Exhibit "B"
and have been placed on file with the Village Clerk and
are incorporated by reference and made a part of this
agreement.
am
It be Ing u: -.,C c:
subdivision of subject prc.)er'-� oc- in.
sub units, the first of rrhich is to '' krowxr as Pc< --
OtHare Industrial Park Subdivision Unit 1, hereinafter
referred to as Subdivision Unit 1, a copy of which subdi-
vision plat is marked as Exhibit "C" and has been placed
on file with the Village Clerk and is incorporated by
reference and made a part of this agreement.
4. The Developer agrees to install. public improvements in
said Subdivision Unit 1, including streets, water and
sewer mains as well as a sewage treatment plant in
accordance with the engineering plans prepared by the
Elk Grove Engineering Company, dated March 17, 1964 and
numbered 6028-1, a copy of which is marked Exhibit "D"
and has been placed on file with the Village Clerk and
Is incorporated herein by reference as part of this agree-
ment. The developer agrees to install public improvements
in subsequent subdivisions of the subject property
including streets, water and sewer mains In accordance
with the engineering plans prepared by the developerts
engineers and approved by the Village Engineer. It is
understood that the engineering standards to be applied
shall be those applied to all other property similarly
zoned in the Village at the time said subdivision plat is
submitted.
5. The Developer agrees to install the sewage treatment
plant referred to above in accordance with the engineering
plans referred to above within One Hundred Eighty (180)
days from date hereof and does hereby lease same together
with the property on which situated to the Village for
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the term of this agreement and for and in consideration
of the monies paid it as provided in Paragraph 9 hereof.
6. The Village agrees to maintain and operate said sewage
treatment plant.
7. The Record Owners on behalf of themselves, their heirs �IJ51�V,�(ell
and assigns agree and covenant that all persons who have,
or will construct a building on the subject property,
shall use the sewers provided for herein and shall, during
the term of this agreement, pay the following charges for
the use of said sewer: One Hundred (1%,100.00) Dollars for
each tap -on or connection and Thirty ($30.00) Dollars per
mor.,th thereafter. Said sum to be paid to the Village
through its water and sewer bills.
G. The Record Owners for and on behalf of themselves, their
heirs and assigns agree and covenant on behalf of all
users of said sewers that if said charges are not paid
water services may be terminated to the user until paid
and that all conveyances and leases of the subject property
shall be subject to the provisions of this agreement.
9. The Village agrees to collect all monies paid under the
provisions of Paragraph 7 and to pay same as rental on
October 1, of each year beginning October 1, 1965 to the
developer after first deducting maintenance and operational
costs.
The Village shall use reasonable efforts to collect
but shall not be responsible for any monies not collected.
The Village agrees, however, to terminate water service to
any user who fails to make payment for a three (3) month
period.
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10. If the Village shall continue to operate the sewage
treatment plant on October l., 1969, or has paid a net
rental of Fifty Thousand („50,000) Dollars hereunder
to the developer, it shall have the right to purchase
said sewage treatment plant for One ($x1.00) Dollar.
If at any time the Metropolitan Sanitary District
of Greater Chicago shall make available to the subject
property direct service to its sewage facilities on
such terms as will leave the Village free of cost or if
all users to be served agree to pay all charges resulting
from said connection and said agreement is in a form -
required by the Village, the Village shall have no further
obligation to operate the sewage treatment plant and
title to same, including the property on which situated,
shall remain in the developer unless title has passed as
provided for above.
11. The Record Owners do hereby agree to forego any rights to
dis-annex any property hereunder unless provisions con-
tained herein are violated by the Village.
12. This agreement shall continue in Hill force and effect
until October 1, 1969, at which time it shall cease and
determine, except that all property annexed to the
Village shall have the right to water and sewer facilities
at the rates charged to all other property similarly
situated.
IN WITNESS WHEREOF, the parties hereto have entered into this
agreement this ay�-day of 4-;�, 1964.
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RIDER ' ATTACHED TO AND MADE A PART Of' DOCOKENT DjJED
UNDER TRUST 110.2,67&/3
This instrument is executed by LA SALLE NATIONAL BANK, riot personally but
solely as Trustee, as aforesaid, in the exercise of the :ower and authority con-
ferred upon and vested in it as such Trustee. All the turns, provisions, stipu-
lations, covenants and conditions to be performed by LA SALLE NATIONAL BANK. are
undertaken by it solely as Trustee, as aforesaid, and not individually, and all
statements heroin 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, provisions, stipulations,
covenants and/or statements contained in this instrument.
Attest -
BY: 1,
ttest:By:1, _Ia aL
Assistant secretary
Attest:
yVEf��%/f�4':�
ecre ary
M-
RECORD OWNERS
os ur
Donald Kidder
t.
s e Knaack
Erwin . Xnaac
Agnes 'D..`. aac
Violet Burmeister
/ 1
✓
John me s er
LaSalle National Bank as Trustee
under Trust No, 29813 dated
June 21, 1962, as Trustee only,
nd wlt
Its .
ASST VICE PRESIDENT
City Wide Insulation Company, Inc,
an Illinois Corporation
its FresIdent
L -Salle National Bank, as Trustee Linder it®
Trust Nc,•�,�.✓.7. and not indivicua.11y,
17......_... ....... .-. J' .............-..._.....
.� ;� AaSIt. Trust Officer
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Zan1nwsA5 zcm1aicsy
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Attest
By
{ipaiat��i Secretary
Attest:
its decre aryl k -
Attest:
Vi. age e
Citizens Bank and Trust
of Park Ridge, Illinois,
Trustee under Trust No,
dated March 1, 1.963,
as Trustee only.
Company
457
i
dUmTxNDF-xx0;xZxGZ;xxxxxxXX
'nZYA<XXXXXXXXXXXXXXXXX
M
DEVELOPER
William C. McLennan Co., Inc.
an Illinois Corporation
�._
ByJ /l
Itsvprres en
vr. C,1..
VILLAGE OF ELK GROVE VILLAGE
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i
By
Its President
RESTRICTIVE COVENANTS
FOR THE
PROPERTY AT DEVON AND ELMHURST ROADS
THIS DECLARATION made this day of , A.D.;
1964+ by DONALD M, KIDDERy ELSIE KNAACK, ERWIN F. KNAACK, AGNES D.
KNAACK, VIOLET BURMEISTER, JOHN BURMEISTER, LA SALLE NATIONAL BANK,
as Trustee,. CITY WIDE INSULATION COMPAYY, INC..q an Illinois Corpora-
tion, and CITIZEVS BANK AND TRUST COMPANY OF PARK RIDGE, ILLIfQOIS,
as Trustee, hereinafter collectively referred to as the "Declarant"j
WITNESSETH:
WHEREAS, the Declarant is the owner of the real property
described in Exhibit "I" attached hereto, incorporated by reference
and made a part hereof as if fully set forth herein, 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 thereof, 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 Declarant hereby declares that the subject
property is and shall be held, transferred, sold and conveyed subject
to the restrictions, covenants and charges herein set forth.
ARTICLE ONE
The Covenants are to run with the land and shall be binding
on all parties and persons claiming under them until October 1,
1982, at which time all the herein covenants, restrictions and
EXHIBIT "A"
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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 sane, or within 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 least sixty (60) feet
from the property line abutting the street on which said loading
dock fronts.
ARTICLE FOUR
The Declarant agrees to provide on the subject property or
portion thereof, off street automobile parking facilities based
on a minimum rate of one 300 square foot space for each three (3)
employees employed on the subject property or portion thereof,
by the original occupants thereof.
ARTICLE FIVE
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.
ARTICLE SIX
The Declarant agrees that the area between the building
lines and the street property lines shall be used for either
-2-
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 SEVEN
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 struc=
tures may not exceed a height of fifty (50) feet from the estab-
lished building grade. By the above, no restriction is intended
as to building heights.
ARTICLE EIGHT
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 NINE
The subject property shall not be used or maintained as a
dumping ground for rubbish, trash, garbage or other waste shall
not be kept except in sanitary containers. All incinerators or
other equipment for the storage or disposal of such material shall
be kept in a clean and sanitary condition.
ARTICLE TEN
No fence, wall, hedge or shrub, plant or tree which obstruct9
site lines at elevations between two and six feet above the road-
way shall be placed or permitted to remain on any corner within
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;e triangular area form b -c
connoct ing them at poin`s t*rer_ty--five ;25) feet from the Inter-
section of the street lines.
ARTICLE ELEVEN
Each of the foregoing covenants, conditions and restrictions
shall run with the land and a breach of any of them may, at the
option of the Declarant 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.
IDT WITDTESS WHEREOF, the Declarant has caused these presents
to be executed, its seal affixed, the day and date first above
mentioned.
-4-
Donald M. Kidaer
CtE s e Knaack
? RIDER ATTACKED TO AND MADE A PART OF DOCUMENT `
if DATED , /f- Z'/�G UNDER Trust No. Z9 S1 3
This instrument is executed by La Salle National Bank, not personally but solely
as trustee, as aforesaid, in the exercise of the power and authority conferred F
upon and vested in it as such Trustee. All the terms, provisions, stipulations
covenants and conditions to be performed by La Salle National Bank are undertaken
+ by it solely as Trustee, as aforesaid, and not individually, and all statements
herein made are made on informatics and belief and are to be construed accord-
ingly, and no personal liability shall be asserted or be enforceable against`
La Salle National Bank by reason of any of the terms, provisions, stipulations
- covenants and/or statements contained in this instrument.
Y Grjf t'e i,.
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e
Attest!`��--
ae�ietant socr�tarq
Attest:
i'yg & C t
-Secretary
Erwin F. Knaack
Agnes aac
V.1olet Burmeister
o irme s er
LaSalle National Bank as Trustee
under Trust No. 29813 dated
"r June 21, 1962, as Trustee only.
utu ,:yet re�sc:::11y
BY
i
S ASST VICE PRESIDENT
City Wide Insulation Company, Inc.
an Illinois Corporation
By
Its eresIdent
Citizens Bank and Trust Company
of Park Ridge, Illinois,
Trustee under Trust No. 457
dated March 10 1963,
—5—
Citizens Bank and Trust Company
of Park Ridge, Illinois, Trustee
under Trust No. 457 dated March 1,
1963, as Trustee only.
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EXHIBIT "I"
Legal deseription of property referred to in a Restrietive
CoYexatit .for pmD=t�y at Devon and Elmhurst Roads.
The North 17 acres of the Northeast quarter of the
Northeast quarter of Section 2, Township 40 North,
Range 11, East of the Third Principal. Meridian, in
DuPage 0ounty, Illinois.
ALSO
The South half of the East half of the Northeast
quarter and the South 20 acres of the North half
of the East half of the North East quarter of
Section 2, Township 40 North, Range 11., East of
the Third Principal Meridian, except that part of
the South 20 acres of the North 1/2 of the East 1/2
of the Northeast 1/4 of Section 2, Township 40 North,
Range 11, East of the Third Principal. Meridian,
described as follows: Beginning at a point on the
South line of the North 10 acres of the said South
20 acres of the North 1/2 of the East 1/2 of the
Northeast 1/4, said point being 50 ft. West of the
East line of the said Northeast 1./4; thence West
along the South line of said North 10 acres, 480 ft;
thence South parallel with the East line of the said
Northeast 1/4 300 ft; thence East parallel with the
South line of the said North 1.0 acres 480 ft, to a
point 50 £t. West of the East line of the Northeast
1/4; thence North parallel with the East line of said
Northeast 1/4 300 ft. to place of beginning, in DuPage
County, Illinois.
ALSO
The East half of the West half of the North East
fractional quarter of Section 2, Township 40 North,
Range 11, East of the Third Principal Meridian, in
DuPage County, Illinois.
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