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Home My WebLink AboutPLAN COMMISSION - 08/24/1965 - PRE-ANNEXATION SHEBECK PROPERTY r _ ,D �E sib y_s_o:✓ _/Jiff o. 11 71 - On _�__ —__ _.�__� _-_�`/(�� •��_.�._ - --_ _ __..��!=w/-V_�/V�!��A��L��IL/_./ice/J�i_b_--�NV�_—_ -_— _ l/ v� • INTER-OFFICE COMMUNICATION OFFICE 70: Plan Commission FROM I OFFICE Village Clerk SUBJECT I DATE 8-12-65 MESSAGE: Attached is a proposed pre-annexation agreement on which the Village Board will conduct a public hearing on -September 7th at 7:30 p.m. Your comments are requested. SIGNED REPLY DATE I SIGNED zO•e PERSON RECEIVING COMMUNICATION - RETAIN THIS COPY FOR YOUR RECORD . 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 (her'einafter referred to as "owners") are the owners in fee simple of real. i estate legally described as follows : That part of the Northwest quarter (1./4) of Section 36, ! Township 41 North, Range 11, East of the Third Principal i Meridian described as follows : Commencin at a point on the West 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 classifi- cation comparable to the present zoning applied to the property by Cook County; and "WHEREAS, it is the desire of the owners to obtain immediate tap-on to Village sewers; and V'aMEAS, 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 village standards and donate same provided the owners terminate all trailer park use on said real estate within ten (10) years from I f ' i u U date and provided the fees specified herein are paid. NOW. THEREFORE, IT IS AGREED by and between the owners and the Village as foll.ows t ' 1.`7 The ovmers agree to petition to annex said real estate described above and evidence their intention by placing on file 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, Illinois, Village Planners . Nothing contained herein shall be construed to prevent the village from amending the text of its zoning ordinance. 3. The Village agrees that the owners shall have the right to extend an existing 10" sewer main on Estes Avenue in accordance :aith plans and specifications to be approved by the Village Engineer. Said extension main shall become the property of the Village and the ovmer 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, having a frontage of 200 ft. along Estes Avenue and 400 ft, along Elmhurst Road; said property being hereinafter referred to as the "inter- vening property" for a period of three years from date unless i { Ij i the owner of said intervening property shall pay to the owner Of the above described property $1200 which amount represents the proportionate share of the cost of the aforedescribed sewer extension attributable to the intervening property. This provision, however, shall not restrict the village from 'annexing said property after the three year period without regard for payment above described. 5. The owners agree to pay to the Village the sum of $25.00 per month as a sewer. charge. This fee shall be reduced 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. Billing shall be -due on the first regular billing date following connec- tion. 6. The Village will not require -the owners to tap-on to 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 either party hereto shall violate any provision contained herein the other shall have the right to .specifically enforce the provisions of this agreement in a Court, o f Law. 8. This agreement shall continue for a period of five years from date and the owner shall continue to have the right to tap-on to village sewers thereafter so long as the owners are willing to enter into a renewal agreement with terms identical to the terms contained herein, however, in the event that the owner refuses or is .unwilling to renew this agreement after its termination then the Village shall have the right to terminate -3- 7 r sewer service. • 9. It is understood that this agreement may be placed on record by either party to same. InI WITNESS WHEREOF, the parties have entered their hand and seal this day of , 1965. Wilbur E. Shebeck Erna Shebeck VILLAGE OF ELK GROVE VILLAGE President Attest: Village Clerk i i i LEGAL NOTICE Please take notice that on September 7, 1965, at 7:30 P. I. at the Village Hall, 666 Landmeier Road, Elk Grove Village, the President and Board of Trustees will conduct a public hearing as to whether oV not the Village should enter into a Pre-Annexation and Sewer Tap-On Agreement with Wilbur E. Shebeck and Erna Shebeck relating to property located at the Southeast corner of Higgins Road and Elmhurst Road; said agreement will provide as follows : ! '� l. . The owner will petition to annex the • real estate to the Village. 2. The Village agrees to annex said real estate upon ! its becoming contiguous. i 3. - The Village agrees to zone the real estate to a zoning classification comparable to an existing zoning classification. Questions of comparability � 1 to be decided by the Village Planner. 4. The Village agrees to permit the owner to tap into Estes .Avenue sewer provided he donate extension j mains to the Village. 5., The Village agrees not to annex intervening property for a period of three years unless inter- j vening property owner pays for -his proportionate '' I cost for sewer in the amount of $1200. � 6. The owner agrees to pay the Village the sum of $25.00 per month, which fee will be reduced as trailers are removed. i= 7. The owner agrees to terminate trailer use of the . property within ten years . 8.- The Village will not require owner to tap onto Village water until property is annexed. 9. Agreement will be for a period of five years with renewal privileges . An exact copy of the agreement aforementioned is available at }, the Office of the Village Clerk for public inspection. Anyr;-: f person ..interested in attending the public hearing called is invited, to attend. ELEANOR TURNER Village Clerk