HomeMy WebLinkAboutORDINANCE - 3559 - 6/28/2018 - Annexation agreement - Metropolitan Water ReclamationORDINANCE NO.3559
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL ANNEXATION
AGREEMENT BETWEEN THE METROPOLITAN WATER RECLAMATION
DISTRICT OF GREATER CHICAGO AND THE VILLAGE OF ELK GROVE VILLAGE
WHEREAS, the Village of Elk Grove Village ("Village"), seeks to incorporate into its
boundaries particular parcels located in the unincorporated area of Elk Grove Township, Cook
County, Illinois (hereinafter referred to as the "Property"); and
WHEREAS, the Village has asked the Metropolitan Water Reclamation District of Greater
Chicago, an instrumentality and administrative agency of Cook County, Illinois (hereinafter
referred to as the "MWRD"), for its cooperation and consent allowing the Village to annex the
Property into the Village boundaries; and
WHEREAS, the Village's corporate limits are contiguous to the Property it seeks to annex;
and
WHEREAS, pursuant to the provisions of 65 ILCS 5111-15.1-1 et seq. of the Illinois
Municipal Code, a proposed intergovernmental Annexation Agreement between the Village and
the MWRD (the "Agreement") was submitted to the Village for public hearing pursuant to 65 ILCS
5/11-15.1-3 and a public hearing was held thereon by the corporate authorities pursuant to notice
duly published in a newspaper of general circulation, as provided by law; and
WHEREAS, the corporate authorities of the Village have considered the annexation of the
Property; and
WHEREAS, the Village and the MWRD wish to enter into a binding agreement with
respect to said annexation, pursuant to the provisions of 65 ILCS 5111-15.1-1 et seq. of the
Municipal Code, upon the terms and conditions contained in the Agreement attached hereto; and
WHEREAS, the Mayor and the Board of Trustees of the Village find that the annexation
of the Property to the Village will be beneficial to the Village, will properly and beneficially extend
the corporate limits and the jurisdiction of the Village, will permit the sound planning and
development of the Village and will otherwise promote the proper growth and general welfare of
the Village.
THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of
Elk Grove Village, Cook County, Illinois:
Section 1: That the findings set forth above are incorporated by reference into this Section
1 as if fully set forth herein.
Section 2: That this Mayor and Board of Trustees further find as follows:
(a) The Village's corporate limits are contiguous to the Property described in
Section 3 of this Ordinance that the Village seeks to annex.
(b) Notice that the corporate authorities of the Village of Elk Grove Village would
conduct a public hearing regarding entering into an intergovernmental
annexation agreement for the annexation of such Property has been published
not less than fifteen (15) days prior to such public hearing as required by Section
11-15.1-3 of the Illinois Municipal Code (65 ILCS 5/11-15.1-3).
Section 3: That the Property is legally described as follows:
PIN #: 08-26-200-016-0000
THAT PART (EXCEPT THE EAST 60 FEET OF THE WEST 610.41 FEET) AND (EXCEPT
THE SOUTHWESTERLY 82.5 FEET OF THE NORTHEASTERLY 132.5 FEET OF THE WEST
610.41 FEET) LYING SOUTHERLY OF THE TOLL ROAD AND NORTH OF THE SOUTH
LINE OF THE NORTH 100 FEET OF THE SOUTHWEST '/4 OF THE NORTHEAST '/4 OF
SECTION 26 ALL LYING IN THE WEST '/2 OF THE NORTHEAST '/4 OF SECTION 26
TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
PIN #: 08-26-102-037-0000
THAT PART OF LOT 1 (EXCEPT THE WEST 340 FEET) AND (EXCEPT THE EAST 175
FEET OF THE WEST 515 FEET LYING SOUTH OF THE NORTH 1231 FEET) AND (EXCEPT
THAT PART TAKEN FOR HIGGINS ROAD AS WIDENED PER DOCUMENT 1202758) AND
(EXCEPT PART TAKEN PER CONDEMATION NUMBER 721,9032) LYING SOUTH OF THE
FOLLOWING DESCRIBED LINE BEGINNING AT A POINT 1153 FEET SOUTH OF THE
NORTHEAST CORNER OF THE NORTHWEST '/4 THENCE NORTHWESTERLY IN A
STRAIGHT LINE 122.33 FEET TO A POINT ON A LINE 82.5 FEET SOUTHWESTERLY OF
AND PARALLEL WITH THE SOUTHWESTERLY LINE OF THE TOLLWAY THENCE
NORTHWESTERLY ALONG LAST DESCRIBED LINE TO THE WEST LINE OF THE EAST
'/2 OF THE NORTHWEST '/4 AND LYING NORTH OF HIGGINS ROAD IN ASSESSOR'S
DIVISION OF THE EAST '/2 OF THE NORTHWEST '/4 OF SECTION 26 TOWNSHIP 41
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
PIN #: 08-26-400-012-0000
LOT 1 (EXCEPT THAT PART BEGINNING AT A POINT ON AN EASTERLY LINE 20 FEET
SOUTH OF THE NORTH LINE AS MEASURED PARALLEL WITH THE NORTH LINE
THENCE WEST TO A POINT 715.5 FEET WEST OF THE EAST LINE OF THE WEST %2 OF
THE SOUTHEAST '/4 OF SECTION 26 THENCE NORTH 20 FEET THENCE WEST 60 FEET
THENCE SOUTH 35 FEET THENCE EAST TO THE EASTERLY LINE THENCE
NORTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING) OF
ASSESSOR'S DIVISION OF THE WEST '/2 OF THE SOUTHEAST '/4 OF SECTION 26
TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
Section 4: That the Mayor and the Village Clerk are authorized and directed to execute
the attached Agreement on behalf of the Village of Elk Grove Village, Cook County, Illinois.
Section 5: That this Ordinance shall be in full force and effect upon and after its
adoption and approval as required by law.
VOTE: AYES:6 NAYS:0 ABSENT:0
PASSED this 28th day of June 2018.
APPROVED this 28th day of June 2018.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
P.I.N.
08-26-102-037-0000
08-26-200-016-0000
08-26-400-012-0000
Return to:
Village Clerk
Elk Grove Village
Elk Grove Village, Illinois 60007
(For Recorder's Use Only)
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is entered into as of this 15th day of
March, 2018, between ELK GROVE VILLAGE, an Illinois home rule municipal
corporation (hereinafter the "VILLAGE"), with its principal office at 901 Wellington
Avenue, Elk Grove Village, Illinois 60007, and the METROPOLITAN WATER
RECLAMATION DISTRICT OF GREATER CHICAGO, a body corporate and politic
(hereinafter the "OWNER"), with its principal office at 100 East Erie Street, Chicago,
Illinois 60611.
RECITALS
WHEREAS, this Annexation Agreement is made pursuant to and in accordance
with the provisions of Section 11-15.1-1 et seq., of the Illinois Municipal Code, 65 ILCS
5/11-15.1-1 et seq. (2018);
WHEREAS, the OWNER, to the best of its knowledge, is the owner of record of
all of the real property legally described and depicted in Exhibit A (Legal Description and
Aerial .Photograph), attached hereto and incorporated herein by reference, which property
includes approximately 41 acres which is currently contiguous to the VILLAGE and not
within the corporate limits of any other municipality (hereinafter the "SUBJECT
PROPERTY"), -
WHEREAS, the SUBJECT PROPERTY consists of approximately 41 acres, is
presently situated in the unincorporated area of Elk Grove Township, Cook County, Illinois
and is not within the corporate limits of any incorporated municipality;
WHEREAS, the OWNER has filed a Petition for Annexation, attached hereto as
Exhibit B, with the Elk Grove Village Clerk for the SUBJECT PROPERTY;
WHEREAS, the Plat of Annexation attached hereto and incorporated herein by
reference as Exhibit C is a true and accurate representation of the SUBJECT PROPERTY
to be annexed to the VILLAGE pursuant to the provisions of this Annexation Agreement;
WHEREAS, the SUBJECT PROPERTY has not been annexed to any other
municipality;
WHEREAS, the VILLAGE is desirous of annexing the SUBJECT PROPERTY to
the VILLAGE pursuant to the terms and conditions hereinafter set forth;
WHEREAS, the VILLAGE and the OWNER (collectively referred to as "Parties")
find that the annexation of the SUBJECT PROPERTY in accordance with the terms and
conditions of this Annexation Agreement will inure to the benefit and improvement of the
VILLAGE and its residents and will promote the VILLAGE's sound planning and
development and will otherwise enhance and promote the general welfare of the
VILLAGE's residents;
WHEREAS, all public hearings, as required by law, have been held by the Corporate
Authorities of the VILLAGE upon all matters covered by this Annexation Agreement,
including, but not limited to, a public hearing before the Corporate Authorities concerning
this Annexation Agreement and its effect upon the VILLAGE pursuant to the ordinances,
resolutions, codes, rules, regulations, guidelines and procedures of the VILLAGE;
WHEREAS, the VILLAGE acknowledges that all notices, publications, and all
other matters attendant to such Petition for Annexation have been given, held or performed
as required by statute or the VILLAGE's ordinances, regulations, and procedures;
WHEREAS, in reliance upon the continued effectiveness of the VILLAGE's
existing ordinances, codes and regulations for the period specified in this Annexation
Agreement, as may be amended pursuant to the terms hereof, the VILLAGE is willing to
undertake certain obligations as set forth in this Annexation Agreement and has materially
changed its position in reliance upon the undertaking provided herein;
WHEREAS, the Parties acknowledge that the OWNER is not undertaking any
obligations, financial or otherwise, by entering into this Annexation Agreement, that the
OWNER is entering into this Annexation Agreement at the request of the VILLAGE, and
that any obligations, liabilities or costs associated with the Annexation Agreement shall be
born solely by the VILLAGE;
WHEREAS, by a favorable vote of at least two-thirds (2/3) of the Corporate
Authorities of the VILLAGE then holding office, an Ordinance has heretofore been adopted
authorizing the execution of this Annexation Agreement on__.1,,? e d Y , 2018, a copy
of which is attached as Exhibit D. and
WHEREAS, on March 15, 2018, the OWNER's Board of Commissioners issued
Orders authorizing the OWNER to enter into this Annexation Agreement, a copy of said
Order is attached as Exhibit E.
NOW THEREFORE, in consideration of the representations and the mutual
promises contained herein, the parties agree that:
1. RECITALS.
1.1. The above -stated Recitals are a material part of this Annexation Agreement
and are hereby incorporated in this Section 1.1 by reference.
2. ANNEXATION.
2.1. Subject to the provisions of Section 7-1-8 of the Illinois Municipal Code, 65
ILCS 5/7-1-8 (2018), as amended, the Parties respectively agree to do all things necessary or
appropriate to cause the SUBJECT PROPERTY to be duly and validly annexed to the
VILLAGE, including adoption of an ordinance by the VILLAGE annexing the SUBJECT
PROPERTY pursuant to this Annexation Agreement.
3. OWNER'S COPRORATE. USE.
3.1. The OWNER shall be exempt from any and all VILLAGE zoning; ordinances,
or regulations pertaining to the OWNER'S use of the SUBJECT PROPERTY to carry out
any of its corporate functions as is deemed necessary from time to time by the OWNER. The
OWNER'S use includes any existing or future leases, permits, licenses or easements that the
OWNER has granted or grants to third parties on any portion of the SUBJECT PROPERTY,
or any amendments thereto; at the sole discretion of the OWNER, such lessees, permittees,
licensees or easement holders shall not be subject to the VILLAGE's zoning, ordinances, or
other regulations, but shall continue to follow all applicable requirements as if it were to
remain in unincorporated Cook County. This provision shall survive the expiration of this
Annexation Agreement for as long as OWNER holds title to the SUBJECT PROPERTY, as
permitted by law.
3.2. The VILLAGE acknowledges that the OWNER currently leases a portion of
the SUBJECT PROPERTY to the Mount Prospect Park District ("MPPD"). The VILLAGE
shall not pass any ordinances, laws or regulations restricting or banning the use of the
SUBJECT PROPERTY for the purposes set forth in any lease agreement, or amendment or
extension thereto, entered into, now or in the future, between the OWNER and the MPPD.
This provision shall survive the expiration of this Annexation Agreement.
3.3. The VILLAGE acknowledges that OWNER owns and operates the
Majewski Reservoir Site, f/k/a the O'Hare CUP Reservoir Site, adjacent to the SUBJECT
PROPERTY. The OWNER also owns and operates other sewer infrastructure within the
SUBJECT PROPERTY. The OWNER shall be exempt from any and all VII_,LAGE
ordinances, laws or regulations that in any way limit or restrict the OWNER'S ability to
own, operate, maintain, access, manage, repair; construct, or expand the Majewski
Reservoir Site or other infrastructure consistent with its corporate purposes. This provision
shall survive the expiration of this Annexation Agreement.
3.4. The VILLAGE acknowledges that the OWNER has entered into an
Intergovernmental Agreement with the Illinois State Toll Highway Authority ("ISTHA")
and the MPPD that allows ISTHA to remove soil from spoil piles located on the SUBJECT
PROPERTY for roadway improvement work in connection with the O'Hare Western
Access Project. This Annexation Agreement and any Village zoning, ordinances, or other
regulations shall not affect this Intergovernmental Agreement, or any amendments or
extensions thereto, or the activities authorized therein.
4. DEFECTS IN ANNEXATION.
4.1. In the event that the annexation of the SUBJECT PROPERTY is in any way
deemed to be defective, the Parties agree that they will do all things legally necessary and
appropriate in an attempt to cure any and all defects to cause the SUBJECT PROPERTY to
be validly annexed to the VILLAGE, and any other applicable laws and in compliance with
this Annexation Agreement. This Annexation Agreement shall be null and void if the
SUBJECT PROPERTY is not legally and validly annexed to the VILLAGE.
5. FUTURE COOPEIZATION.
5.1. The Parties shall cooperate with one another on an ongoing basis and make
every reasonable effort (including, with respect to the VILLAGE, the calling of special
meetings, the holding of additional public hearings and the adoption of such ordinances as
may be necessary) to further the implementation of the provisions of this Annexation
Agreement and the intentions of the Parties as reflected by the provisions of this
Annexation Agreement.
6. REPRESENTATIONS AND OBLIGATIONS OF THE OWNER.
6.1. The parties agree that the OWNER is not undertaking any obligations,
financial or otherwise, by entering into this Annexation Agreement, that the OWNER is
entering into this Annexation Agreement at the request of the VILLAGE, and that any
obligations, liabilities or costs associated with the Agreement shall be borne by the
VILLAGE.
6.2. The VILLAGE represents, to the best of its knowledge, that the OWNER is
the sole record Owner of the SUBJECT PROPERTY legally described in Exhibit A and
shall cause the SUBJECT PROPERTY to be annexed to the VILLAGE by filing a legally
sufficient plat of annexation and annexation petition with all required signatures and
information thereon concurrently with the execution of this Annexation Agreement, and in
accordance with the IIlinois Compiled Statutes.
6.3. If the OWNER sells or conveys all or any portion of the SUBJECT
PROPERTY during the term of this Annexation Agreement, all of the OWNER's
0
obligations specified in this Annexation Agreement shall devolve upon and be assumed by
such purchaser, grantee, or successor in interest, and the OWNER shall be released from
such obligations except as provided herein.
6.4. Any costs, fees, and expenses relative to any necessary approvals relating
to this annexation shall be paid by the VILLAGE.
7. FIRE POLICE AND AMBULANCE PROTECTION SERVICES.
7.1. The VILLAGE shall provide fire, police and ambulance protection services
for the SUBJECT PROPERTY. The OWNER shall not be responsible for payment for
ambulance service or any other fee associated with fire, police or ambulance protection
services. This provision shall survive the expiration of this Annexation Agreement and
shall extend in perpetuity.
7.2. In no event shall the VILLAGE record a lien against the fee simple interest
of the SUBJECT PROPERTY for amounts due and owing the VILLAGE by any occupant
of the SUBJECT PROPERTY or a portion of the SUBJECT PROPERTY.
8. BINDING EFFECT AND TERM.
8.1. This Annexation Agreement shall be binding upon the parties hereto, and
their respective successors and assigns, for a full term of twenty (20) years commencing as
of the effective date of this Annexation Agreement, unless other provisions of this
Annexation Agreement specifically apply a different term. To the extent permitted, in the
event the annexation of subject tracts under the terms and conditions of this Annexation
Agreement is challenged in any court proceeding. the period of time during which such
litigation is pending shall not be included in calculating said twenty (20) year term.
8.2. Nothing in this Annexation Agreement shall in any way prevent the
alienation, encumbrance, lease or sale of the SUBJECT PROPERTY or any portion of it.
8.3. Time is of the essence of this Annexation Agreement.
9. RECORDING OF AGREEMENT.
9.1. Within thirty (30) days after its execution, this Annexation Agreement shall
be recorded at the sole cost and expense of the VILLAGE in the Office of the Recorder of
Deeds of Cook County, Illinois.
10. COVENANT RUNNING WITH THE LAND.
10.1. The terms of this Annexation Agreement constitute a covenant running with
the land for the term of this Annexation Agreement unless specific terms are expressly
made binding beyond the term of this Annexation Agreement. Furthermore, the terms
herein are hereby expressly made binding upon all grantees, mortgagees, lessees, assigns
and successors in interest of the OWNER as to all or any part of the tracts, and are further
expressly made binding upon said VILLAGE and the duly elected or appointed successors
in office of its Corporate Authorities.
11. ENFORCEMENT OF AGREEMENT.
11.1. Either party to this Annexation Agreement may, by civil action, mandamus,
action for writ of injunction or other proceeding, enforce and compel performance of this
Annexation Agreement or declare this Annexation Agreement null and void in addition to
other remedies available.
12. SEVERABILITY.
12.1. If any provision of this Annexation Agreement is rendered invalid for any
reason, such invalidation shall not render invalid other provisions of this Annexation
Agreement, which can be given effect even without the invalid provision. In the event any
provision of this Annexation Agreement or any part of a provision shall be deemed invalid,
the invalidity of that provision or part shall not affect the validity of any other provision.
1'.2. The invalidity of any provision of this Annexation Agreement shall not
affect any zoning classification for the SUBJECT PROPERTY which has been approved
by the VILLAGE pursuant to the provisions of the VILLAGE's ordinances and regulations.
Any change to such zoning classification shall take place only in accordance with
applicable statutes and ordinances.
13. EFFECT OF THIS ANNEXATION AGREEMENT; CONFLICT.
13.1. If any relevant existing VILLAGE resolution, ordinance, regulations, or
interpretation thereof, is inconsistent with or conflicts with any provision of this
Annexation Agreement, then the provisions of this Annexation Agreement shall supersede
the terms of said inconsistent resolutions, ordinances, or regulations as they may be
applicable to the SUBJECT PROPERTY.
13.2. This Annexation Agreement shall not impose any obligation, restraint, or
burden (hereinafter called collectively "obligation") on the OWNER, his/her (their)
successors or assigns, which obligation extends beyond the termination date of this
Annexation Agreement.
13.3. All provisions, conditions, and regulations as set forth in this Annexation
Agreement and the documents or plans to which it refers shall supersede all VILLAGE
ordinances, codes and regulations that are in conflict with the Agreement as they may apply
to the SUBJECT PROPERTY.
14. NO DISCONNECTION DEANNEXATION OR ANNEXATION
14.1. For a period of twenty (20) years from the date the SUBJECT PROPERTY
is annexed to the VILLAGE, neither the OWNER nor any of its successors in interest shall
file, cause to be filed, or take any action that would result in the disconnection or
deannexation of the SUBJECT PROPERTY from the VILLAGE, unless the VILLAGE is
in breach of this Annexation Agreement and has failed to cure said breach, then the
OWNER shall the right, but not the obligation, to deannex or disconnect.
14.2. For a period of twenty (20) years from the effective date of this Annexation
Agreement, neither the OWNER nor any of its successors in interest shall file, cause to be
filed, or take any action that would result in the annexation of the SUBJECT PROPERTY
to any other municipality.
1.5. AMENDMENTS AND MODIFICATIONS.
15.1. No agreement, amendment, modification, understanding or waiver of or
with respect to this Annexation Agreement or any term, provision, covenant or condition
hereof, nor any approval or consent given under or with respect to this Annexation
Agreement, shall be effective for any purpose unless contained in writing signed by the
Party against which such agreement, amendment, modification, understanding, waiver,
approval or consent is asserted.
16. NOTICES.
16.1. All notices or other communications required or permitted hereunder shall
be in writing, and shall be: (1) personally delivered; (ii) sent by facsimile
telecommunications (followed by next day overnight delivery service); (iii) sent by
overnight air express service; or (iv) sent by registered or certified mail, postage prepaid,
return receipt requested. The foregoing notwithstanding, notice by electronic mail (email)
to the attorney for a Party shall be sufficient notice under this Annexation Agreement,
provided that a copy of such electronic mail follows by first class mail. All notices must
be addressed to the Parties hereto at their respective addresses set forth below:
VILLAGE: Elk Grove Village
901 Wellington Avenue
Elk Grove Village, Illinois 60007
Telephone: (847) 357-4000
Fax: (847) 357-4022
Attn: Mayor or Village Manager
OWNER: MWRDGC
100 East Erie Street
Chicago, Illinois 60611
Fax: (312) 751-7926
Attn.: Executive Director
With a copy to: MWRDGC
100 Fast Erie Street, 3`d Floor
Chicago, Illinois 60611
7
Fax: (312) 751-6598
Email: MorakalisS(q),mwrd.org
Attn.: General Counsel
16.2. Except as otherwise provided herein, notice served by certified mail or regular
mail shall be effective on the date of mailing.
16.3. Notice by facsimile transmission shall be effective as of date and time of
facsimile transmission, provided that the notice transmitted shall be sent on a business day
during business hours (9:00 a.m. to 4:00 p.m. Chicago time). In the event facsimile notice is
transmitted during non -business hours, the effective date and time of notice is the first hour
of the first business day after transmission.
17. COUNTERPARTS; FACSIMILE
17.1. This Annexation Agreement shall be executed in counterparts, each of
which shall be considered an original and together shall be one and the same Agreement.
17.2. A facsimile copy of this Annexation Agreement and any signatures thereon
will be considered for all purposes as originals.
18. NON -WAIVER.
18.1. Except as herein expressly provided, no waiver by a Party of any breach of
this Annexation Agreement by the other Party shall be deemed to be a waiver of any other
breach by such other Party (whether preceding or succeeding and whether or not of the
same or similar nature), and no acceptance of payment or performance by a Party after any
breach by the other Party shall be deemed to be a waiver of any breach of this Annexation
Agreement or of any representation or warranty hereunder by such other Party whether or
not the first Party knows of such breach at the time it accepts such payment or performance.
18.2. No failure or delay by a Party to exercise any right it may have by reason
of the default of any other Party shall operate as a waiver of default or as a modification of
this Annexation Agreement or shall prevent the exercise of any right by the first Party while
the other Party continues to be so in default.
19. GOVERNING LAW AND VENUE.
19.1. This Annexation Agreement shall be governed by the laws of the State of
Illinois both as to interpretation and performance, and any legal proceeding of any kind
arising from this Annexation Agreement shall be filed in the Circuit Court for Cook
County, Illinois.
20, FORCE MAJEURE.
20.1. Whenever a period of time is provided for in this Annexation Agreement
for either the VILLAGE, or the OWNER to do or perform any act or obligation, neither
Party shall be liable for any delays or inability to perform due to causes beyond the control
of said Party such as war, riot, strike or lockout by or against either Party's own employees
or suppliers, unavoidable casualty or damage to personnel, materials or equipment, fire,
flood, storm, earthquake, tornado or any act of nature.
20.2. Any time period shall be extended for only the actual amount of time said
Party is so delayed pursuant to Section 21.1 above.
21. ENFORCEABILITY.
21.1. This Annexation Agreement shall be enforceable by any of the Parties
hereto by any appropriate action at law or in equity to secure the performance of the
covenants and terms of this Annexation Agreement.
22. NO PERSONAL LIABILITY OF CORPORATE AUTHORITIES.
22.1. The Parties acknowledge and agree that the individuals who are members of
the group constituting the corporate authorities of the VILLAGE and the corporate authorities
of the OWNER are entering into this Annexation Agreement in their corporate capacities as
members of such group and shall have no personal liability in their individual capacities.
23. CUMULATIVE REMEDIES.
23.1. The Parties' rights and remedies hereunder shall be cumulative; the exercise
of any rights or remedies shall neither preclude enforcement of other rights and remedies
nor waive other rights and remedies; and the failure of either party to exercise any rights
or remedies shall neither preclude enforcement of any rights or remedies nor constitute a
waiver of any rights or remedies.
24. EFFECTIVE DATE.
24.1. The effective date of this Annexation Agreement shall be the date that the
Village Clerk for the VILLAGE attests the signature of the Mayor as set forth below.
25. BINDING AUTHORITY.
25. L The individuals executing this Annexation Agreement on behalf of the
OWNER, and the VILLAGE represent that they have the legal power, right, and actual
authority to bind their respective parties to the terms and conditions of this Annexation
Agreement.
26. OWNER'S FUTURE CORPORATE PROJECTS.
26.1. The VILLAGE agrees that in the event the OWNER undertakes any
construction projects or any other projects or activities in furtherance of its corporate
duties and obligations on any land legally described and depicted in Exhibit C or
otherwise located within the VILLAGE limits, that the VILLAGE shall not place any
limitations on such projects, nor shall any permit fees, construction fees, or any other
fees imposed under any VILLAGE ordinance be assessed against the OWNER or its
contractors for such projects. This provision shall survive the expiration of this
Annexation Agreement and shall not be limited to a twenty (20) year term.
(REMAINDER OF PAGE, LEFT BLANK — SIGNATURE PAGE FOLLOWS]
IN WITNESS WHF t 'OF, the parties set their hands and seals as of the date first
written above.
ELK GUIrOVE VILI AGE
By:
Its: Mayor
State of Illinois
County of Cook
Attes
By:
Its: Village Clerk
The foregoing instrument was acknowledged before me by4YvW4,;&**%,#-Mayor, and
Village Clerk, this _ day of _�u.., , 2018, A. D.
-seal- OFFICIAL SEAL
DONNA M. MOWERS
NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires Jul 24, 2020
OWN-ERR - ATETROPOLITAN WA7
GREATER-CIIICAGO
By: Frank Avila
Its: Chairman, Committee on Finance
State of Illinois
County of Cook
Notary Public
RECLAMATION DISTRICT OF
Attest .
By: ac ueline Torres
Its: Clerk
The foregoing instrument was acknowledged before me by Fr
, and -111 %
this .2.7day of 2018, A. D.
�r,wwi��nri w� +�r�r,�.r
MICHELLE M VALQ€Z`��{�
OFFICIAL SEAL
Notary Public, State of Illinois Notary Public --
My Commission Expires
May 22, 2022
This instrument was prepared by: Brendan J. Dailey, Metropolitan Water Reclamation
District of Greater Chicago, 100 E. Erie Street, Chicago, IL 60611 (312) 751-6653.
11
APPROVED AS TO FORM AND LEGALITY:
Head Assistant Attorney
4 l*-ull 9 Ar
A
Director
RECEIVED:
Fee N /n_
Insurance�l�
Bond
EXHIBIT A
LEGAL DESCRIPTION AND AERIAL PHOTOGRAPH OF
SUBJECT PROPERTY
12
E V.I113I'F A,
LEGAL DESCRIPTION AND AERIAL PHOTOGRAPH OF
SUBJECT PROPERTY
PIN #: 08-26-200-01.6-0000
THAT PART (EXCEPT THE EAST 60 FEET OF THE WEST 610.41 FEET) AND (EXCEPT
THE SOUTHWESTERLY 82.5 FEET OF THE NORTf lEASTERLY 132.5 FEET OF THE
WEST .610.41 FEET) LYING SOUTHERLY OF THE TOLL ROAD AND NORTH OF THE
SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTHWEST `/4 OF THE NORTHEAST
'/4 OF SECTION 26 ALL LYING IN THE WEST % OF THE NORTHEAST '/4 OF SECTION
26 TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE T11IRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
PIN 4: 08-26-102-037-0000
THAT PART OF LOT 1 (EXCEPT THE WEST 340 FEET) AND (EXCEPT THE EAST 175
FEET OF THE WEST 515 FEET LYING SOUTH OF THE NORTH 1231 FEET) AND
(EXCEPT THAT PART TAKEN FOR HIGGINS ROAD AS WIDENED PER DOCUMENT
1202758) AND (EXCEPT PART TAKEN PER COND MAT'ION NUMBER 721,9032) LYING
SOUTH OF THE FOLLOWING DESCRIBED LINTY. BEGINNING AT A POINT 1153 FEET
SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST `/4 THENCE
NORTHWESTERLY IN A STRAIGHT LINE 122.33 FRET TO A POINT ON A LINE 82.5
FEET SOUTHWESTERLY OF AND PARALLEL WITH TIIE SOUTHWESTERLY LINE OF
THE TOLLWAY THENCE NORTHWESTERLY ALONG LAST DESCRIBED LINE, TO THE
WEST LINE OF THE EAST %2 OF THE NORTHWEST '/4 AND LYING NORTH OF
HIGGINS ROAD IN ASSESSOR'S DIVISION OF THE EAST '/2 OF THE NORTHWEST '/4
OF SECTION 26 TOWNSHIP 41 NORTH, RANGE 11 AST OF TIIE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN #: 08-26-400-012-0000
LOT I (EXCEPT THAT PART BEGINNING AT A POINT ON AN EASTERLY LINE 20
FEET SOUTH OF THE NORTH LINE AS MEASURED PARALLEL WITH THE NORTH
LINE THENCE WEST TO A POINT 715.5 FEET WEST OF THE EAST LINE OF THE WEST
`/z OF THE SOUTHEAST'/ OF SECTION 26 THENCE NORTH 20 FEET THENCE WEST 60
FEET THENCE SOUTH 35 FEET THENCE EAST TO THE EASTERLY LINE THENCE
NORTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING) OF
ASSESSOR'S DIVISION OF THE WEST % OF `1'HL SOUTHEAST '/4 OF SECTION 26
TOWNSHIP 41 NORTH, RANGE I EAST OF TIRE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
398594_1
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EXHIBIT IBIT 11
PETITION FOR ANNEXATION
13
PETITION FOR ANNEXATION
TO THE VILLAGE OF ELK GROVE VILLAGE
COOK COUNTY, ILLINOIS
To: The Village President and Board of Trustees
Village of Elk Grove Village, Cook County, Illinois
c/o Village Clerk
Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, Illinois 60007
Upon the request of the Village of Elk Grove Village, the undersigned petitioner,
(hereinafter, "Petitioner "), to the best of its knowledge, is the owner(s) of all the property
described and depicted in Exhibit A attached hereto, and respectfully petitions the Village of Elk
Grove Village ("Village") to cause the real property described herein to be annexed pursuant to
this Petition. Petitioner, to the best of its knowledge on oath states, as follows:
1. The subject property of this Petition are tracts of real estate in unincorporated
Cook County, Illinois identified by various permanent index numbers and square
footage and legally described (the "Property") in Exhibit A, a copy of which is
attached hereto and made a part hereof.
2. The Petitioner to the best of its knowledge is the owner of record of the Property,
is authorized to execute this Petition.
No part of the Property is within the corporate limits of any municipality.
The property is contiguous to the Village of Elk Grove Village.
There are no electors residing in the Property.
6. The subject property consists of approximately 41 acres.
This Petition shall be in full force and effect from and after the date hereof and
until the Property is annexed to the Village in agreement with the appropriate
statutes.
PETITIONER HEREBY REQUESTS:
A. That the property be annexed to the Village by an ordinance duly adopted by the
President and Board of Trustees of the Village pursuant to the Illinois Municipal
Code, 65 ILCS 5/7-1-8, et seq., (the "fact") as from time to time supplemented and
amended.
B. That such further action be taken by the Village as may be necessary or
appropriate to effect this Petition.
C. The annexation of the subject property herein petitioned shall be subject to the
approval and execution of a mutually satisfactory annexation agreement with the
corporate authorities of the Village.
Respectfully submitted this ;2T day of u n_ , 2018.
PETITIONER
METROPOLITIAN WATER RECLAMATION
DISTRICT OF GREATER CHICAGO
By:
Frank Avila
ATTEST Chairman, Committee on Finance
,)
cq,' "line Torres
Cler
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, %4 t c G, c fl f M • tl r,- lc�c Z Notary Public in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that Frank Avila, personally
known to me to be the Chairman of the Committee on Finance of the Board of
Commissioners of the Metropolitan Water Reclamation District of Greater Chicago, a
body corporate and politic, and Matthew Glavas for Jacqueline Torres, personally
known to me to be the Clerk of said body corporate and politic, and personally
known to me to be the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and severally acknowledged that
as such Chairman of the Committee on Finance and such Clerk, they signed and
delivered the said instrument as Chairman of the Committee on Finance of the
Board of Commissioners and Clerk of said body corporate and politic, and caused the
corporate seal of said body corporate and politic to be affixed thereto, pursuant to
authority given by the Board of Commissioners of said body corporate and politic, as
their free and voluntary act and as the free and voluntary act and deed of said body
corporate and politic, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this ,-� -7 _/"- day of -j u
A.D. 20 J 9
MICHELLE M VALDEZ
OFFICIAL SEAL
NOWY Public, State Of Illinois
My Commission Expires
May 22, 2022
My Commission expires:
l.2 ;2- l.2
Notary Public
APPROVED AS TO FORM AND LEGALITY:
re -
APPROVED:
Executive Director
RECEIVED:
Fee*
Insurance
Bond
EXIIIBI`I' C
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14
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EXHIBIT D
VILLAGE ORDINANCE
15
ORDINANCE NO.
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL ANNEXATION
AGREEMENT BETWEEN THE METROPOLITAN WATER RECLAMATION
DISTRICT OF GREATER CHICAGO AND THE VILLAGE OF ELK GROVE VILLAGE
WHEREAS, the Village of Elk Grove Village ("Village"), seeks to incorporate into its
boundaries particular parcels located in the unincorporated area of Elk Grove Township, Cook
County, Illinois (hereinafter referred to as the "Property"); and
WHEREAS, the Village has asked the Metropolitan Water Reclamation District of Greater
Chicago, an instrumentality and administrative agency of Cook County, Illinois (hereinafter
referred to as the "MWRD"), for its cooperation and consent allowing the Village to annex the
Property into the Village boundaries; and
WHEREAS, the Village's corporate limits are contiguous to the Property it seeks to annex;
and
WHEREAS, pursuant to the provisions of 65 ILCS 5/11-15.1-1 et seq. of the Illinois
Municipal Code, a proposed intergovernmental Annexation Agreement between the Village and
the MWRD (the "Agreement") was submitted to the Village for public hearing pursuant to 65 ILCS
5/11-15.1-3 and a public hearing was held thereon by the corporate authorities pursuant to notice
duly published in a newspaper of general circulation, as provided by law; and
WHEREAS, the corporate authorities of the Village have considered the annexation of the
Property; and
WHEREAS, the Village and the MWRD wish to enter into a binding agreement with
respect to said annexation, pursuant to the provisions of 65 ILCS 5111-15.1-1 et seq. of the
Municipal Code, upon the terms and conditions contained in the Agreement attached hereto; and
WHEREAS, the Mayor and the Board of Trustees of the Village find that the annexation
of the Property to the Village will be beneficial to the Village, will properly and beneficially extend
the corporate limits and the jurisdiction of the Village, will permit the sound planning and
development of the Village and will otherwise promote the proper growth and general welfare of
the Village.
THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of
Elk Grove Village, Cook County, Illinois:
Section 1: That the findings set forth above are incorporated by reference into this Section
1 as if fully set forth herein.
Section 2: That this Mayor and Board of Trustees further find as follows:
(a) The Village's corporate limits are contiguous to the Property described in
Section 3 of this Ordinance that the Village seeks to annex.
(b) Notice that the corporate authorities of the Village of Elk Grove Village would
conduct a public hearing regarding entering into an intergovernmental
annexation agreement for the annexation of such Property has been published
not less than fifteen (15) days prior to such public hearing as required by Section
11-15.1-3 of the Illinois Municipal Code (65 ILCS 5/11-15.1-3).
Section 3: That the Property is legally described as follows:
PIN #: 08-26-200-016-0000
THAT PART (EXCEPT THE EAST 60 FEET OF THE WEST 610.41 FEET) AND (EXCEPT
THE SOUTHWESTERLY 82.5 FEET OF THE NORTHEASTERLY 132.5 FEET OF THE WEST
610.41 FEET) LYING SOUTHERLY OF THE TOLL ROAD AND NORTH OF THE SOUTH
LINE OF THE NORTH 100 FEET OF THE SOUTHWEST '/4 OF THE NORTHEAST '/4 OF
SECTION 26 ALL LYING IN THE WEST '/z OF THE NORTHEAST '/4 OF SECTION 26
TOWNSHIP 41 NORTH, RANGE I EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
PIN #: 08-26-102-037-0000
THAT PART OF LOT 1 (EXCEPT THE WEST 340 FEET) AND (EXCEPT THE EAST 175
FEET OF THE WEST 515 FEET LYING SOUTH OF THE NORTH 1231 FEET) AND (EXCEPT
THAT PART TAKEN FOR HIGGINS ROAD AS WIDENED PER DOCUMENT 1202758) AND
(EXCEPT PART TAKEN PER CONDEMATION NUMBER 721,9032) LYING SOUTH OF THE
FOLLOWING DESCRIBED LINE BEGINNING AT A POINT 1153 FEET SOUTH OF THE
NORTHEAST CORNER OF THE NORTHWEST %4 THENCE NORTHWESTERLY IN A
STRAIGHT LINE 122.33 FEET TO A POINT ON A LINE 82.5 FEET SOUTHWESTERLY OF
AND PARALLEL WITH THE SOUTHWESTERLY LINE OF THE TOLLWAY THENCE
NORTHWESTERLY ALONG LAST DESCRIBED LINE TO THE WEST LINE OF THE EAST
%2 OF THE NORTHWEST '/4 AND LYING NORTH OF HIGGINS ROAD IN ASSESSOR'S
DIVISION OF THE EAST '/2 OF THE NORTHWEST '/4 OF SECTION 26 TOWNSHIP 41
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
PIN #: 08-26-400-012-0000
LOT 1 (EXCEPT THAT PART BEGINNING AT A POINT ON AN EASTERLY LINE 20 FEET
SOUTH OF THE NORTH LINE AS MEASURED PARALLEL WITH THE NORTH LINE
THENCE WEST TO A POINT 715.5 FEET WEST OF THE EAST LINE OF THE WEST %2 OF
THE SOUTHEAST '/4 OF SECTION 26 THENCE NORTH 20 FEET THENCE WEST 60 FEET
THENCE SOUTH 35 FEET THENCE EAST TO THE EASTERLY LINE THENCE
NORTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING) OF
ASSESSOR'S DIVISION OF THE WEST %2 OF THE SOUTHEAST '/4 OF SECTION 26
TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
Section 4: That the Mayor and the Village Clerk are authorized and directed to execute
the attached Agreement on behalf of the Village of Elk Grove Village, Cook County, Illinois.
Section 5: That this Ordinance shall be in full force and effect upon and after its
adoption and approval as required by law.
VOTE: AYES: NAYS: ABSENT:
PASSED this day of 2018.
APPROVED this day of
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
OrdAppMWRDAgmt
2018.
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
CLERK'S CERTIFICATE
I, Loretta M. Murphy, do hereby certify that I am the regularly appointed, qualified
and acting Village Clerk of the Village of Elk Grove Village, Cook County, Illinois.
I do further certify that attached hereto is a }rue and correct copy of an ordinance
entitled:
ORDINANCE NO.
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL ANNEXATION
AGREEMENT BETWEEN THE METROPOLITAN WATER RECLAMATION DISTRICT
OF GREATER CHICAGO AND THE VILLAGE OF ELK GROVE VILLAGE
passed by the Board of Trustees of the Village of Elk Grove Village at a regular meeting
held on the day of , 2018, at which meeting a quorum was present, and
approved by the Mayor of the Village of Elk Grove Village on the day of ,
2018.
i further certify that the vote on the question of passage of the said Ordinance by
the Board of Trustees of the Village of Elk Grove Village was taken by the Ayes and
Nays and recorded in the Journal of Proceedings of the Board of Trustees of the Village
of Elk Grove Village, and that the result of said vote was as follows, to -wit:
AYES:
NAYS:
ABSENT: ---- -
I do further certify that the original Ordinance, of which the attached is a true
copy, is entrusted to my care for safekeeping, and that I am the lawful keeper of the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of the Village of Elk Grove Village, Cook County, Illinois, this day of ,
2018.
Loretta M. Murphy, Village Clerk
EXHIBIT E
ORDER OF THE METROPOLITAN WATER RECLAMATION DISTRICT'S
BOARD OF COMMISSIONERS
16
Metropolitan Water Reclamation
100 East Erie Street
4District of Greater Chicago Chicago, IL 60611
} Certified Copy
Agenda Item: 18-0236
File Number: 18-0236
Authority to execute petition for annexation and enter into annexation agreement with Elk Grove Village
for the annexation of approximately 41 acres of District real estate located at the Majewski Reservoir
Site, northeast of Higgins Road, into Elk Grove Village
Dear Sir:
Elk Grove Village ("Village') has requested the District's cooperation and consent in having an
approximately 41-acre unincorporated area of District real estate annexed into the Village's corporate
boundaries. The area of land is located at the Majewski Reservoir Site, f/k/a the O'Hare CUP
Reservoir Site, northeast of Higgins Road.
With the site located within a municipality, services such as fire protection, police and ambulance will
come from a single source. Any annexation agreement entered into will require that the Village bear
responsibility for all costs and expenses associated with the annexation process and that the District
will not bear any new monetary or other liability associated with the entering into or implementation of
the annexation agreement.
The District currently leases the site to the Mount Prospect Park District ("MPPD") for recreational
purposes under a lease agreement that expires in 2050. In addition, in 2014, the District entered into
an Intergovernmental Agreement with the Illinois State Tall Highway Authority ("ISTHA") and MPPD
allowing ISTHA to remove soil from the spoil piles for roadway improvement work in connection with
the construction of the O'Hare Western Access Project. Any annexation agreement shall provide
that the District's lease and Intergovernmental Agreement will not be affected by the annexation.
Additionally, MPPD has indicated it does not object to the annexation, provided its lease with the
District is not affected.
The District's technical departments have reviewed this request and have no objections to the
annexation,
It is requested that the Executive Director recommend to the Board of Commissioners that it
authorize the District to execute a petition for annexation and enter into an annexation agreement
with Elk Grove Village for the annexation of approximately 41 acres of District real estate located at
the Majewski Reservoir Site, northeast of Higgins Road, into Elk Grove Village.
It is further requested that the Executive Director recommend to the Board of Commissioners that it
authorize and direct the Chairman of the Committee on Finance and the Clerk to execute the Petition
for Annexation, the Annexation Agreement and any other related documents after they are approved
by the General Counsel as to form and legality.
Requested, Susan T. Morakalis, General Counsel, STM:CMM:BJD:vp
Recommended, David St. Pierre, Executive Director
Respectfully submitted, David J. Walsh, Chairman Committee on Real Estate Development
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of
Metropolitan Water Reclamation District of Greater Chicago Page 1 Printed on 6/20/201 B
File Number. 18-0236
the Board of Commissioners for March 15, 2018
Attachment
I, Jacqueline Torres, Clerk of the Metropolitan Water Reclamation District of Greater
Chicago, and keeper of its official records and seal DO HEREBY CERTIFY that the
attached File Number 18-0236, was duly presented and passed at the meeting of the
Board of Commissioners held on 3/15/2018.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Metropolitan Water Reclamation District of Greater Chicago.
Attest:
Jacqueline Torres
June 20, 2018
Date Certified
Metropolitan Water Reclamation District of Greater Chicago Page 2 Printed on 612012018