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HomeMy WebLinkAboutRESOLUTION - 58-20 - 7/7/2020 - Pre-Annexation Agreement, C & R Oakton Higgins, Inc, 1907 Oakton StreetRESOLUTION NO.58-20 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A PRE -ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE DESIGNATED OWNERS OF PROPERTY TO BE ANNEXED TO THE VILLAGE (C & R OAKTON HIGGINS, INC., 1907 OAKTON STREET) WHEREAS, on July 7, 2020, a public hearing was held pursuant to Section 65 ILCS 5/11- 15.1 et. sec of the Illinois Municipal Code to consider the approval of a Pre -Annexation Agreement between the Village of Elk Grove Village and the designated owners of property to be annexed to the Village; and WHEREAS, as a result of the testimony and evidence presented at said public hearing, the Mayor and Board of Trustees of the Village of Elk Grove Village find and believe it to be in the best interest of the Village that the Pre -Annexation Agreement between the Village and Owners be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign a Pre -Annexation Agreement between the Village of Elk Grove Village and the designated owners which is attached hereto and made a part hereof and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: Trustees Franke, Lissner, Schmidt, Czarnik, Feichter, Mayor Johnson NAYS: 0 ABSENT: Trustee Prochno PASSED this 7" day of July 2020. APPROVED this 71h day of July 2020. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk P.I.N. 08-26-101-010-0000 SRD Draft 6/21/2019 Return to: Village Clerk Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007 PRE -ANNEXATION AGREEMENT THIS PRE_ANNEXATION AGREEMENT ("AGREEMENT"), made and entered into this day of , 2019, by and between the VILLAGE OF ELK GROVE VILLAGE, an Illinois home rule municipal corporation ("Village") and C & R OAKTON HIGGINS, INC., an Illinois corporation (the "Owner") (the Owner and the Village being sometimes hereinafter referred to individually as "Party" and collectively as the "Parties"). WITNESSETH: WHEREAS, the Owner holds legal and equitable title to the property commonly known as 1907 East Higgins Road, Elk Grove Village, Illinois, legally described on Exhibit A attached hereto and by this reference, incorporated herein (hereinafter referred to as the "Subject Property"); and WHEREAS, the Subject Property is presently situated within the unincorporated areas of the County of Cook and is contiguous to the corporate limits of the Village; and WHEREAS, the Subject Property constitutes territory which may be annexed to the Village as provided by 65 ILCS 5/7-1-1 et seq.; and WHEREAS, the Subject Property has not been annexed to any other municipality; and WHEREAS, the Subject Property is comprised of approximately 0.41 acres and is presently improved with a one (1) story building and a one story accessory building for a commercial business, Automotive Service Station ("Current Use"); and WHEREAS, the Owner is desirous of annexing the Subject Property to the Village pursuant to the terms and conditions hereinafter set forth; and WHEREAS, a Petition for Annexation to annex the Subject Property has been filed with the Village pursuant to 65 ILCS 5/7-1-1 and 5/7-1-8, as signed by the owner of record of the Subject Property; and 840009_3 WHEREAS, the Parties desire to enter into an agreement with respect to the annexation of the Subject Property and various other matters pursuant to 65 ILCS 5/I1-15.1-1 et seq., as amended; and WHEREAS, pursuant to due notice in the manner provided by law, all public hearings, as required by law, have been held by the Plan Commission and by the Mayor and Board of Trustees of the Village (the "Corporate Authorities"), upon the matters covered by this Agreement; and WHEREAS, all other notices required by law to be given have been given; and WHEREAS, the Corporate Authorities of the Village, after due and careful consideration, have concluded that the annexation, and rezoning of the Subject Property, upon the terms and conditions hereinafter set forth, would further the growth of the Village and enable the Village to control the development of the area and serve the best interests of the Village; and WHEREAS, by the favorable vote of at least two-thirds (2/3) of the Corporate Authorities of the Village then holding office, a Resolution has heretofore been adopted authorizing the execution of this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and in further consideration of the mutual covenants, conditions and agreements herein contained, the Parties hereto agree as follows: ARTICLE I INCORPORATION OF RECITALS The Parties hereby confirm the validity of the representations and recitations set forth in the foregoing recitals. The Parties further acknowledge that the same are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Article I and the same shall continue for so long as this Agreement is in full force and effect. ARTICLE II AUTHORITY This Agreement is made and entered into by the Parties pursuant to and in accordance with the provisions of 65 ILCS 5/11-15.1-1 et seq. ARTICLE III MUTUAL ASSISTANCE The Parties shall do all things necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in furthering the objectives of this Agreement and the intent of the Parties as reflected by the terms of this Agreement, including, without limitation, the giving of such notices, the holding of such public hearings, and the enactment by the Village of such resolutions and ordinances, the execution of such permits, applications and 840009.3 agreements and the taking of such other actions as may be necessary to enable the Parties' compliance with the terms and provisions of this Agreement and as may be necessary to give effect to the objectives of this Agreement and the intentions of the Parties as reflected by the terms of this Agreement. ARTICLE IV ANNEXATION 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 within thirty (30) days after the execution of this Agreement. Should any person having proper standing to do so bring a cause of action before any court of competent jurisdiction challenging the Village's lawful authority to annex the Subject Property or challenge the method or procedures by or through which the Parties purported to cause the Subject Property to be annexed to the Village, the Parties agree that they shall fully cooperate, as provided in Article III hereof, to defend such cause of action. Should a court of competent jurisdiction finally determine that annexation of the Subject Property was defective because of the failure of the Parties to follow a procedural requirement constituting a valid precondition to proper annexation of the Subject Property, the Parties agree to promptly cause the Subject Property to be re -annexed to the Village in a manner which satisfies all procedural requirements. Should a court of competent jurisdiction finally determine that annexation of the Subject Property by the Village was without lawful authority (i.e., lack of contiguity), the Parties agree that this Agreement shall thereafter be deemed a Pre -Annexation Agreement authorized pursuant to 65 ILCS 5/11-15.1-1, et seq., and shall remain in full force and effect to the extent permitted by law. Thereafter, should the Subject Property become contiguous to the Village, if that was the case, the Parties agree to promptly take all necessary steps as may then be provided by law to perfect the annexation of the Subject Property to the Village. ARTICLE V APPLICABLE MUNICIPAL STANDARDS Upon the annexation of the Subject Property, all zoning, subdivision, building and development of the Subject Realty shall be undertaken in conformity with the requirements of all applicable Village codes, ordinances, rules, regulations and standards generally in force, from time to time, within the Village, except to the extent that the same are superseded by more restrictive standards imposed by other regulatory authorities having jurisdiction, or as the same may be specifically modified or waived by the terms of this Agreement. Said applicable municipal zoning, ordinances, codes, regulations or standards shall otherwise be referred to herein as the "Village Zoning Ordinance" and/or "Village Code," as applicable and as amended. ARTICLE VI REZONING AND NON -CONFORMING STANDARDS 840009.3 Either to be included in the ordinance annexing the Property or in an ordinance immediately following the passage of the annexing ordinance, the Village Corporate Authorities shall rezone the Property to the B-3 Automotive Business Zoning District. Upon annexation, to the extent that the existing structure, business and use do not specifically or fully comply with all applicable Village Zoning Ordinance regulations or any other Village Code provision at the time of annexation, the existing structures and uses, including but not limited to the Current Use, parking requirements, floor area ratios, heights, setbacks and signage shall be deemed lawful existing non -conforming uses and structures. The Owner shall have the right and authority to continue to occupy, operate, maintain and repair the existing structure located upon the Subject Property for the purposes of the Current Use currently engaged in by the Owner, and for such additional uses permitted pursuant to the applicable Zoning Ordinance and pursuant to the provisions of the Village Code. No alterations to, improvements or retrofitting of any kind shall be required to any improvement on the Subject Property pursuant to the Village Zoning Ordinance and/or other provisions of the Village Code as a result of this annexation except to the extent necessary to connect to the municipal services contemplated herein, including fire alarm and direct connect requirements of the Fire Department. For avoidance of doubt, however, the foregoing shall not require installation of sprinklers or connection to the water line. Classification as a legal non -conforming structure and use shall continue in effect upon expiration of this Agreement. In addition, any limitation on repairs or alterations, additions and enlargements, moving, restoration, discontinuance, or change in structure and/or use during the term of this Agreement is contained in Section 3-6 of Chapter 3 of the Zoning Ordinance shall not be applicable as it is the agreement of the Parties that the Current Use and improvement of the Subject Property may be permitted, maintained and re-established substantially in conformance with its present capacity into the future without restriction, excepting, however, that in the event of any casualty or loss to the structure in excess of fifty (50%) percent of its replacement value, or the enlargement or replacement in excess of fifty (50%) of the existing value of the structure, the Village shall require conformance with any building codes, regulations, or any other ordinances then in effect. The Parties understand that at some future date the Owner may, in the Owner's sole discretion, re -develop some or all of the Subject Property, other than the Current Use, and that such re -development, other than the Current Use, will comply with the Village Zoning Ordinance and other Village Code requirements of the Village in effect at the time of re -development. Should any person having proper standing to do so bring a cause of action before any court of competent jurisdiction challenging the rezoning of the Subject Property as provided in this Agreement, the Parties agree that they shall fully cooperate, as provided in Article III hereof, to defend such cause of action. Further, the Parties specifically agree that to the extent such litigation proves successful, the Village shall take such legislative action as then may be lawfully required to cause the Subject Property to be zoned for the purposes herein contemplated. ARTICLE VII ANNEXATION FEES The Owner and Village agree that the Village shall waive all fees with respect to consideration of this Agreement and the annexation of the Subject Property to the Village, 840009.3 4 including, but not limited to, all tap on fees, connection fees, impact fees, donations, dedications and the like. Each party will be responsible for its own out-of-pocket expenses in connection with the negotiation and execution of this Agreement, including, but not limited to attorney's fees, planning and engineer consultant fees, court reporter fees, publication costs, etc. The Village represents to the Owner, upon which representation the Owner relies that no current recapture or similar fee shall be applicable to the Subject Property upon annexation to the Village. The Village further acknowledges that any future leasing of the Subject Property generally consistent with the existing uses shall not require any special Village inspections, other than routine inspections, applicable to all businesses within the Village. ARTICLE VIII POTABLE WATER SERVICE The Property is not currently served by any municipal water system. In order to connect the Property to the Village's municipal water system and to accommodate the potable water and fire protection needs of the Property as set forth below, the Village, at its sole cost and expense, shall construct an 8" water service line under Higgins Road (IL Rte 72) to connect to the Village's water main on the west side of Higgins Road (IL Rte 72) to the Owner's property line as part of the Higgins Road (IL Rte 72) Water Main Extension Project and at a mutually agreeable location to the parties. At the time the Property Owner connects to the service line the entire service line back to the Village's Water Main becomes the responsibility of said Owner. The Owner, however, shall have no obligation to connect to the service line. The Village represents and warrants to Owner that once the Higgins Road (IL Rte 72) Water Main Extension Project is completed, (i) potable water shall be delivered to the Property at all times and such water shall be treated and filtered water complying with applicable Safe Drinking Water Act requirements; and (ii) the supply of potable water to the Property shall, at all times, have sufficient pressure and capacity to accommodate the connection to the anticipated potable water and fire protection needs of the Subject Property. The Village's obligations under this section are subject to delay as a result of circumstances which are beyond the reasonable control of the Village (which circumstances may include water service problems, acts of God, war, acts of civil disobedience, strikes or similar acts). The Village shall cooperate with Owner and execute all applications, permit requests and other documents which are or may be required, in connection with the provision of potable water service and fire protection for the benefit of the Property which shall be provided by the Village. The Village agrees to waive any and all water connection fees and tap -on fees. However, Owner shall be responsible for water usage and/or recurring user fees and charges that are in effect and applicable to other users of the Village's municipal water system and which are due to the Village in connection with Owner's consumption of water. 840009.3 5 ARTICLE IX NO DISCONNECTION DE -ANNEXATION OR ANNEXATION TO ANOTHER MUNICIPALITY 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 de -annexation of the Subject Realty from the Village, unless the Village is in breach of this Agreement and has failed to cure said breach, then the Owner shall have the right, but not the obligation, to de -annex or disconnect. For a period of twenty (20) years from the effective date of this Agreement, neither the Owner nor any of its successors in interest shall file, cause to be fled, or take any action that would result in the annexation of the Subject Realty to any other municipality. ARTICLE X RECORDATION The Parties agree to do all things necessary to cause this Agreement to be recorded in the Office of the Recorder of Deeds, Cook County, Illinois. ARTICLE XI MISCELLANEOUS PROVISIONS A. NOTICES: All notices or other communications required or permitted hereunder shall be in writing, and shall be: (i) 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 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: The Village at: Village of Elk Grove 901 Wellington Avenue Elk Grove Village, Illinois 60007 Attn: Village Manager Phone: (847) 357-4011 With a copy to: Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007 Attn: Village Clerk Phone: (847) 357-4042 840009.3 6 2. The Owner at: Attn: Phone: With a copy to: Attn: Phone: 3. To any such other person or place which any Party hereto, by its prior written notice, shall designate for notice to it from the other Parties hereto. B. BINDING EFFECT, TERM AND AMENDMENT: Except as otherwise herein provided, this Agreement shall be binding upon and inure to the benefit of the Parties hereto, successor owners of record of the Subject Property, their assigns, lessees and upon any successor municipal authority of the Village, for a period of twenty (20) years from the date set forth in the first paragraph of this Agreement. It is hereby understood and agreed that this Agreement is a covenant running with the land and is binding thereon. All persons who take title to any part of the Subject Property shall comply with the provisions of this Agreement. This Agreement may be amended from time to time with the consent of the Parties hereto, pursuant to statute in such case made and provided. C. SEVERABILITY: This Agreement is entered into pursuant to the provisions of 65 ILCS 5/11-15.1-1 et seq. In the event any part or portion of this Agreement, or any provision, clause, wording or designation contained within this Agreement is held to be invalid by any court of competent jurisdiction, such part, portion, provision, clause, wording or designation shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect the remaining portions hereof. D. ENFORCEABILITY: This Agreement shall be enforceable in any court of competent jurisdiction by any of the Parties hereto by any appropriate action at law or in equity, including, without limitation, the right of any Party hereto to seek specific performance of the terms hereof. 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. 840009.3 7 E. SURVIVAL OF REPRESENTATIONS: Each of the Parties hereto, for themselves, their successors, assigns, heirs, devisees and personal representatives, agrees that the warranties and recitals set forth in the preambles hereto are material to this Agreement, and the Parties hereby confirm and admit their truth and validity and hereby incorporate such representations, warranties and recitals into this Agreement, and the same shall continue during the term of this Agreement. The provisions of this Agreement shall survive the annexation and rezoning of the Subject Property by the Village, and shall not be merged or expunged by such annexation and rezoning. F. GENDER: Unless the provisions of this Agreement otherwise require, words imparting the masculine gender shall include the feminine; words imparting the singular number shall include the plural; and words imparting the plural shall include the singular. G. CAPTIONS AND PARAGRAPH HEADINGS: The captions and paragraph headings incorporated herein are for reference only and are not part of this Agreement. H. NO PERSONAL LIABILITY OF CORPORATE AUTHORITIES: 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. I. EFFECTIVE DATE: 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. [SIGNATURE PAGE FOLLOWS] 840009.3 8 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written. ATTEST: Village Clerk VILLAGE: VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal corporation, Mayor OWNER: C & R OAKTON HIGGINS, INC., an Illinois corporation By: Its: 840009.3 9 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Craig B. Johnson, Mayor of the Village of Elk Grove Village, and Loretta M. Murphy, Village Clerk of said Village, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Village Clerk, respectively appeared before me this date in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act and as the free and voluntary act of said Village, for the uses and purposes therein set forth; and the said Village Clerk then and there acknowledged that she, as custodian of the corporate seal of said Village, did affix the corporate seal of said Village to said instrument, as her own free and voluntary act and as the free and voluntary act of said Village, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2020. Notary Public STATE OF ILLINOIS ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that , as of C & R Oakton Higgins, Inc., an Illinois corporation, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such , appeared before me this date in person and acknowledged that he/she signed and delivered the said instrument as his/her free and voluntary act and as the free and voluntary act of said company, for the uses and purposes therein set forth, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2020. Notary Public 840009_3 EXHIBIT "A" LEGAL DESCRIPTION PIN #08-26-101-010-0000 1907 Oakton Street, Elk Grove Village, Illinois 60007 THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, A DISTANCE OF 378.00 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 26, SAID POINT BEING THE INTERSECTION OF THE CENTER LINE OF HIGGINS ROAD WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE SOUTHEASTERLY ALONG THE CENTER LINE OF HIGGINS ROAD AS IMPROVED, ON A LINE MAKING AN ANGLE 49024'24" FROM EAST TO SOUTHEAST WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26, A DISTANCE OF 350.00 FEET; THENCE NORTHEASTERLY ON A LINE DRAWN AT RIGHT ANGLES TO THE CENTER LINE OF HIGGINS ROAD A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF HIGGINS ROAD AS IMPROVED AND OCCUPIED; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF 38.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE NORTHEASTERLY ALONG A LINE DRAWN PERPENDICULARLY TO THE NORTHEASTERLY LINE OF HIGGINS ROAD A DISTANCE OF 58.00 FEET; THENCE NORTHEASTERLY A DISTANCE OF 64.43 FEET TO THE POINT OF INTERSECTION WITH A LINE DRAWN PERPENDICULARLY TO THE AFOREMENTIONED NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26 AND THROUGH A POINT ON SAID NORTH LINE 310.00 FEET EAST (AS MEASURED ALONG THE NORTH LINE) OF THE POINT OF COMMENCEMENT HEREINABOVE DESCRIBED; THENCE NORTH ALONG THE LAST DESCRIBED PERPENDICULAR LINE A DISTANCE OF 58.00 FEET TO A POINT ON THE SOUTH LINE OAKTON STREET PER DOCUMENT #9967969 RECORDED MARCH 27, 1928; THENCE WEST ALONG SAID SOUTH LINE 161.61 FEET TO A POINT 40.00 FEET EAST OF THE POINT OF INTERSECTION OF SAID SOUTH LINE WITH AFORESAID NORTHEASTERLY LINE OF HIGGINS ROAD; THENCE SOUTHWESTERLY 33.51 FEET TO A POINT ON THE AFORESAID NORTHEASTERLY LINE OF HIGGINS ROAD, SAID POINT BEING 40.00 FEET SOUTHEAST OF THE POINT OF INTERSECTION OF SAID NORTHEASTERLY LINE WITH THE AFORESAID SOUTH LINE OF OAKTON STREET; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF HIGGINS ROAD A DISTANCE OF 163.61 FEET TO THE HEREIN ABOVE DESCRIBED POINT OF BEGINNING, ALL IN COOK COUNTY ILLINOIS. CONTAINING 17,875 SQUARE FEET (0.41 ACRES), MORE OR LESS. 840009_3