HomeMy WebLinkAboutVILLAGE BOARD - 10/05/1964 - VILLAGE BOARD i
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MINUTES OF A SPECIAL MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF ELK GROVE VILLAGE
HELD CH OCTOBER 5_1964,
President James R. Gibaon called the meeting to order at 8:10 p. m. in the
Municipal Bu JAi.ng in said Village and directed the Village Clerk to call
the roll. Upon the roll being called the following Trustees answered
"PRESENT" - Francis J. Dillon, Ralph A. Lewis, George E. Mullen; "ABSENT" -
Eugene V. Keith, Ralston D. Malonek, Charles J. Zettek, Jr.
Village Administrator George L. Majoros and Village Attorney Edward C. Hofert
were present.
President Gibson stated this Special Meeting of the President and Board of
Trustees was called for the purpose of conducting a public hearing on a
pre-annexatign agreement for approximately 112 acres of progerty located at
the southwest corner of Devon Avenue and York Road.
A discussion then followed on the proposed agreement between the Village of
Elk Grove Village and William C. McLennan Company, Inc. , the developer of
the property in question, Messrs. Robert McLennan, Earl McLennan and Dan
Foster represented the developer. Changes suggested by Mr. Earl McLennan
were incorporated into the agreement, and President Gibson offered an addition
to clarify a point raised by Trustee Lewis. These changes are noted by
asterisks on a copy of the proposed agreement which is attached hereto and
made a part hereof.
An informal poll of Board members present indicated that they favored the
Village's entering into the subject agreement. Formal action will not be
taken until after the Village Board receives a recommendation from the
Zoning Board of Appeals as to its findings in the recent hearing on 14-2 zoning
for the land in question.
President Gibson asked if there were any members of the general public who
wished to speak on the subject at hand. There were none.
It was moved by Trustee Dillon and seconded by Trustee Lewis that the meeting
be adjourned. The motion was voted updn by acclamation; whereupon the President
declared the motion carried, and the meeting adjourned at 9:15 P.M.
Eleanor G. Turner
Village Clerk
APPROVED:
!James R. Gibson
President
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ANNEXATION AGREEMENT
RELATING TO 110 ACRES OF PROPERTY AT THE
SOUTITMEST CORNER OF DEVON AND ELM URST ROADS
WHEREAS, the LaSalle National Bank as Trustee under Trust
No. 29813, dated June 21, 1962, is the record owner of the property
legally described as follows :
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 21, 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 1.0 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 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
and
WHEREAS, J. E. Kostur is the record owner of the following
property, legally described as follows :
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, 460 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 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 beginning.
and
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WHEREAS, Donald M. Kidder is the record title owner of the
following described real estate :
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 .
and
WHEREAS, City Wide Insulation Company, Inc. , an Il.l.inois
Corporation is the record title owner of property legally described j
as follows :
The ?Nest 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
Principal Meridian, DuPage County, Illinois .
and
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 :
The North 17 acres of the Northeast 1/4 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 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 1/2 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.
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and
WHEREAS, Chicago Title and Trust Company, as Trustee under
Trust No. 46179 dated October 30, 1963, is the record title owner
of the following described real estate:
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 .
and
WHEREAS, Elsie Knaack, Erwin F. Knaack and Agnes D. Knaack,
Violet Burmeister and John Burmeister, are the record title owners
of the following legally described property:
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
8 acres thereof, all in DuPage County, Illinois .
and
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 Northeast quarter of the
Northeast quarter of Section 2, Township 40 North,
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, 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 .
which prti�erty shall hereafter be referred to as the "subject property" ;
and
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!'VFiEREAS, William C. McLennan Co., Inc., an Illinois Corporation,
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 accor-
dance 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 bent
interest of the said Village that said property be annexed to said
Village and that this annexation agreement be entered into.
NOW, 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 Restrictive
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 the 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.
It being understood, however, that the actual subdivision
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of subject property will be in two or more sub units, the
first of which is to be known as Devon - O?Hare Industrial I
Park Subdivision Unit 11, hereinafter referred to as
Subdivision Unit 1, a copy of which subdivision 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
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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 agreement .
# (insert - see bottom of page)
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 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 and
assigns agree and covenant that all constructed
g g persons who havq; 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
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(insert to #4 above) 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 developer' s engineers and approved by the Village Engineer.
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said sewer : $100.00 for each tap-on or connection and
$30.00 per month thereafter. Said stun to be paid to the
Village through its water and sewer bills .
8. 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. f
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9. The Village agrees to collect all monies paid under the
provisions of Paragraph 7 and to pay same as rental on
October 1, October 1.
# r of each year beginning1965 to f
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 month period.
10. If the Village shall continue to operate the sewage treatment
October 1, pai6 a net rental
# plant on ZUHAXL� 1969, or has of F?_fty
to the r1eveloper
# Thousand (50,000) Dollars hereunder/, it shall have the
right to purchase said sewage treatment plant for One (;51.00)
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 connec-
tion and said agreement is in a form required by the
Village, the Village shall have no farther obligation
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to operate the sewage treatment plant and title to same,-
including
ame,including the property on which situated, shall remain in
the developer unless title has passed as provided for above.
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11 . The Record Owners do hereby agree to forego any rights to
dis-annex any property hereunder unless provisions contained j
herein are violated by the Village.
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12. This agreement shall continue in full force and effect until
October 1 j
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X313 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. !
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IN WITNESS �IMEREOF, the parties hereto have entered into this
agreement this day of , 1964 .
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RECORD OWNERS
J. E. Kostur
Donald M. Kidder
Elsie Knaac�,
rw n aac
Agnes D. Knaack
Violet Burmeister
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John urme s er
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LaSalle National Bank as Trustee
under Trust No. 29813 dated
June 21, 1962, as Trustee only.
By
Its
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City Wide Insulation Company, Inc. ,
an Illinois Corporation
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By _
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Attest : Its President
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Secretary
Citizens Bank and Trust Company
of Park Ridge, Illinois, Trustee
under Trust No. 457 dated March 1,
19631, as Trustee only.
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By
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Chicago Title and Trust Company,
as Trustee under Trust No. 46179
dated October 30, 1963, as
Trustee only.
B
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DEVELOPER
William C. McLennan Co, Inc. ,
an Illinois Corporation
Attest : B
Its President
Its Secretary
VILLAGE OF ELK GROVE VILLAGE
Attest : B
s President
Village Clerk -8-
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EXHIBIT "A"
This conveyancd is made and accepted upon each of the following
stip4lationsa restrIotionand conditions which ape hereby made covenants `
waning ulth the land, and yrUah shell fly to and be binding upon the
purchaser, its successors or assigns.
1 . That no building shall at any time be erected on the said prem-
ises within twenty-five (25) feet of any street right-of-way adjoining the
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same, or within ten ( 10) f"t"i,from all side and rear boundary lines of
the premises.
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2. No loading dock shall be erected on the said premises 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.
3. The grantee agrees to provide on the premises off-street auto-
mobile parking facilities based on a minimum rate of one 300 square foot
space for each three (3) employees employed on the premises by the original
occupants thereof.
4. All buildings erected on the property shall be of masonry con-
struction 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. Any construction other than the above shall be submitted
'to and approved by the grantor.
5. Grantee agrees that the area between the building lines and the
street property lines shall be used for either open landscaped 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.
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6. Water towers, water tanks, stand pipes, penthouses, elevators
or elevator equipment, stairways, ventilating fans or similar equipment
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required to operate and maintain the building, fire or parapet walls, `
skylights, tanks, cooling or other towers, wireless, radio or television
mests roof signs, flag-Poles chimneys, smoke stacks, gravity flow storage i
and mixing towers or similar structures may exceed a height of fifty ( 50)
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feet from the established building grade only with the approval
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of grantor. By the above, no restriction is intended as to building heights.
7. The grantor retains such rights-of-way and easements as may be
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necessary or convenient for the purpose of erecting, constructing, main-
taining and operating utility services over, across under and through
the premises in the designated set back areas between the building lines
and the property lines, including public service wires and conduits for
lighting, power and telephone, gas lines, sanitary sewer, storm sewer and
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water, and the grantor shall have the right to grant right-of-way easements
to others to carry out this purpose, Any contract for the laying of such
lines, wires, conduits, pipes or sewers shall also provide that the premises
shall be restored to the same condition they were in prior to the doing
of such work.
S. 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.
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9. The premises 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
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storage or disposal of such material shall be kept in a clean and sanitary j
condition.
10. 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.
11 . Each of the foregoing covenants, conditions and restrictions
shall run with the land- hereby conveyed, and a breach of any one of theca
and a continuance thereof, may, at the option of grantor, its 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 premises made in good faith and for value; provided,,
however, that any breach or continuance thereof may be enjoined, abated
or remedied by the proper preceedings as aforesaid; and provided further,
that each and all of the foregoing covenants, conditions and restrictions
shall at all times remain in full force and effect against said premis-s
or any part thereof, title to which is obtained by foreclosure of any
such mortgage.
12. The conditions and covenants herein contained shall terminate
and be of no further effect after twenty-five (25) years from October 1 , 1957,
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