HomeMy WebLinkAboutRESOLUTION - 41-91 - 8/27/1991 - ANNEX. AGRMT/KUNAS FARMRESOLUTION NO. 41-91
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND
VILLAGE CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE AND GAIL WHITEHEAD,
INDEPENDENT ADMINISTRATOR OF THE ESTATE OF CARL KUNAS
AND HAMILTON PARTNERS RETAIL DIVISION NO. 1, INC.
WHEREAS, on July 30, 1991 a public hearing was held pursuant
to Chapter 24, Section 11-15.1-1 et seq. of the Illinois Revised
Statutes to consider the approval of an Annexation Agreement bet-
ween the Village of Elk Grove Village and Gail Whitehead, Indepen-
dent Administrator of the Estate of Carl Kunas and Hamilton Part-
ners Retail Division No. 1, Inc.; and
WHEREAS, as a result of the testimony and evidence presented
at said public hearing, the President 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 Annexation Agreement bet-
ween the Village and Gail Whitehead, Independent Administrator of
the Estate of Carl Kunas and Hamilton Partners Retail Division
No. 1, Inc. be approved.
NOW, THEREFORE BE IT RESOLVED by the President and Board of
Trustees of the Village of Elk Grove, Counties of Cook and DuPage,
Illinois as follows:
Section 1: That the Village President be and is hereby au-
thorized to sign an Annexation Agreement between the Village of
Elk Grove Village and Gail Whitehead, Independent Administrator
of the Estate of Carl Kunas and Hamilton Partners Retail Division
No. 1, Inc., a copy of which is attached hereto and made a part
hereof and the Village Clerk is authorized to attest said docu-
ments upon the signature of the Village President.
Section 2: That this Resolution shall be in full force and
effect from and after its passage and approval according to law.
VOTE: AYES: * 6 NAYS: ** 1 ABSENT: 0
PASSED this 27th day of August 1991.
APPROVED this 27th day of August 1991.
* AYES: President Zettek, Trustees Bosslet, Chernick,
Czarnik, Gallitano, Tosto
** NAYS: Petri
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ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 27th day of
August , 19 91 , by and between the VILLAGE OF ELK
GROVE VILLAGE, an Illinois municipal corporation (hereinafter
referred to as "ELK GROVE VILLAGE") and Gail Whitehead, Independent
Administrator of Estate
of Carl Kunas and Hamilton Partners Retail Division No. 1. Inc.
(hereinafter collectively referred to as "OWNER" or "OWNERS"):
WITNESSETH•
WHEREAS, OWNERS hold legal and equitable title to the property
legally described on Exhibit "A" attached hereto and by this
reference incorporated herein (hereinafter sometimes referred to
as the "SUBJECT REALTY"); and
WHEREAS, the SUBJECT REALTY consists of approximately 26.68
acres, is presently situated within the unincorporated areas of
the County of Cook and is adjacent and contiguous to the corporate
boundaries of Elk Grove Village; and,
WHEREAS, the SUBJECT REALTY is presently unimproved and no
electors reside thereon; and,
WHEREAS, the OWNERS residing on the SUBJECT REALTY are
desirous of annexing the SUBJECT REALTY to the Village of Elk Grove
Village pursuant to the terms and conditions hereinafter set forth;
and
WHEREAS, a Petition for Annexation has been filed with ELK
GROVE VILLAGE pursuant to Chapter 24, Section 7-1-8, Illinois
Revised Statutes, 1989, as amended, which is incorporated herein;
said Petition covers the SUBJECT REALTY, which Petition is
conditioned upon the execution of this Agreement; and,
WHEREAS, the annexation of the SUBJECT REALTY shall extend
the corporate limits of the Village of Elk Grove Village to the
far side of each adjacent highway not heretofore annexed to any
other municipality; and,
WHEREAS, it is the desire of ELK GROVE VILLAGE and the OWNERS
that the use and further development of the SUBJECT REALTY proceed
as soon as practicable subject to this Agreement and all other
ordinances and codes of Elk Grove Village, except as the same maybe
modified herein; and
WHEREAS, the parties desire to enter into an Agreement with
respect to the annexation of the SUBJECT REALTY and various other
matters pursuant to Chapter 24, Section 11-15.1 et seq., Illinois
Revised Statutes, 1989, as amended; and
WHEREAS, all public hearings, as required by law, have been
held by the corporate authorities of Elk Grove Village and the Plan
Commission of Elk Grove Village upon the matters covered by this
Agreement; and,
WHEREAS, the corporate authorities of Elk Grove Village, after
due and careful consideration, have concluded that the annexation
and development of the SUBJECT REALTY, upon the terms and
conditions hereinafter set forth, would further the growth of the
Village of Elk Grove Village and enable Elk Grove Village to
control the development of the area and serve the best interests
of Elk Grove Village; and,
F
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:
1. ANNEXATION ORDINANCE. Subject to the provisions of
Chapter 24, Section 7-1-8, Illinois Revised Statutes, 1989, as
amended the parties respectively agree to do all things necessary
or appropriate to cause the SUBJECT REALTY to be duly and validly
annexed to the Village of Elk Grove Village within thirty (30) days
after the execution of this Agreement.
2. REZONING. The Village hereby agrees, upon annexation, to
rezone Parcel 1 of the SUBJECT REALTY (as shown on the Plat of
Subdivision as discussed below) from R-3 to B-3 Automotive Oriented
Business District, and Parcels 2 and 3 of the SUBJECT REALTY (also
as shown on the Plat of Subdivision) from R-3 to B-2 General
Business District. It is further agreed that all public hearings
required to effectuate the rezoning have been held. Such rezoning
is conditioned upon all parcels being constructed substantially in
accordance with the approved site plan prepared by Wilson/Jenkins
dated 8/29/91 , 1991 within 2 years from the date of the
Resolution approving this Agreement. Upon expiration of such 2
year period, any undeveloped portion of the SUBJECT REALTY,
excepting those portions having previously received building
permits, shall revert back to its original zoning unless an
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extension of time is granted by the President and Board of Trustees
of the Village.
3. DEVELOPMENT IN ACCORDANCE WITH SITE PLAN. The OWNER
agrees to fully develop the SUBJECT REALTY substantially in
accordance with the final Site Plan prepared by Wilson/Jenkins
dated 8/29/91 , 1991 on file in the Village Clerk's Office. -
4. RELIEF FROM ZONING - SUBDIVISION CONTROL ORDINANCE. Upon
annexation, the Village agrees to grant the following variations
from the Elk Grove Village Zoning ordinance as were recommended by
the Plan Commission subsequent to a Public Hearing:
1. Variance from Section 5.53 of the Elk Grove Village
Zoning Ordinance reducing the required setback from
the boundary of a residential district from 75 feet
to 50 feet along the North border of the SUBJECT
REALTY.
2. Variance from Section 3.9 of the Elk Grove Village
Zoning Ordinance such that the required minimum
number of parking spaces for Parcels 2 and 3 of the
SUBJECT REALTY shall be 5.5 spaces per 1,000 square
feet of gross leasable area, regardless of use.
3. Variance from Chapter 11A.204(2a) of the Municipal
Code of the Village of Elk Grove Village reducing
the required boundary landscape area at the Meacham
Road main entrance from 10 feet to 8 feet.
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5. APPLICABLE MUNICIPAL ORDINANCES. Except as otherwise
specifically provided herein, all applications for rezoning,
subdivision, special use permits for planned unit developments,
building or site improvement permits or other governmental approval
or relief shall be processed and subject to the ordinances of Elk
Grove Village generally in force within said Village at the time
of said application.
6. BUILDING CODE. The Building Code of Elk Grove Village, as
the same may from time to time be amended and modified and enforced
throughout the Village, shall apply to the SUBJECT REALTY, and all
construction thereon shall be in conformance with said Code.
7. PLAT OF SUBDIVISION. Attached hereto as Exhibit "B" is
a preliminary Plat of Subdivision for the SUBJECT REALTY. The
parties respectively agree to do all things necessary or
appropriate to approve and record a final Plat of Subdivision,
which shall be in substantial conformance with the preliminary Plat
of Subdivision.
8. ENGINEERING PLANS. The OWNERS, their successors and
assigns, shall cause any improvements upon the SUBJECT REALTY to
be constructed pursuant to Final Engineering Plans and
Specifications prepared by a registered professional engineer,
which must be reviewed and approved by the Director of Engineering
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and Community Development of the Village of Elk Grove Village.
Final Engineering Plans and Specifications will comply where
applicable with all ordinances, codes and standards in effect at
the time of application for engineering approval, as the same may
from time to time be amended and modified. In the event any
conflict shall exist between any ordinance, code, standard, rule,
regulation or criteria incorporated herein, then the ordinance,
code, standard, rule, regulation or criteria determined by the
Village Director of Engineering and Community Development as
applicable shall apply.
9. SPECIFIC ON-SITE/OFF-SITE PUBLIC IMPROVEMENTS.
A. ON-SITE PUBLIC IMPROVEMENTS: Within each Parcel on the
Plat of Subdivision, at the time the Site Plan improvements are
constructed on each such Parcel, OWNERS shall construct such
utilities as required by Village Ordinance to service such Parcel
as shown in the approved engineering plan. The water main at the
South end of the SUBJECT REALTY as shown thereon, and the sewer
line at the North end of the SUBJECT REALTY as shown thereon, shall
be dedicated to the Village of Elk Grove Village upon completion
and acceptance. All other on-site water and sewer lines shall be
owned and maintained by OWNERS. OWNERS shall provide for storm
water drainage and detention facilities substantially in accordance
with plans approve by the Village. The maximum allowable storm
water release rate for the site shall not exceed 0.10 CFS per acre.
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B. OFF-SITE PUBLIC IMPROVEMENTS: off-site water and sewer
lines within rights-of-way shall be owned and maintained by the
Village of Elk Grove Village, excepting therefrom the water main
under Meacham Road which shall be owned and maintained by OWNERS.
OWNERS shall construct the following off-site public improvements:
1. A traffic light at the Meacham Road entrance to the
SUBJECT REALTY as indicated on the Final Engineering Plans;
2. A left hand turn lane on Meacham Road where indicated
on the Final Engineering Plans, with any pavement widening of
Meacham Road as is necessary in connection therewith;
3. A left hand turn lane on Nerge Road where indicated
on the Final Engineering Plans, with any pavement widening of
Nerge Road as is necessary in connection therewith;
4. Exclusive right turn lanes at both the Meacham Road
and Nerge Road entrances to the SUBJECT REALTY as indicated
on the Final Engineering Plans;
5. A sanitary sewer line from the North boundary of the
SUBJECT REALTY to Biesterfield Road, then West to Meacham Road
and North to the interceptor sewer presently located on
Meacham Road, with a lift station to be located at
Biesterfield Road South of Meacham Road, or with any other
sewer connection allowed by the Village. The OWNERS agree to
acquire all necessary easements from all property owners along
such sewer line and dedicate such easements to the Village at
no cost to the Village. Under no circumstance shall any
property owner granting any such easement be permitted to
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connect into the Village sanitary sewer system without
annexation into Elk Grove Village.
C. SUBSEQUENT OFF-SITE PUBLIC IMPROVEMENTS: Two additional
off-site roadway improvements may be required in the future to
mitigate off-site traffic impacts and to provide adequate ingress
and egress to the SUBJECT REALTY. It is agreed by the parties that
completion of the proposed Elgin -O'Hare Expressway (the
"Expressway") anticipated in 1993 is likely to materially change
traffic volumes and patterns surrounding the SUBJECT REALTY such
that additional off-site roadway improvements may no longer be
required to mitigate traffic impacts or, alternatively, such off-
site roadway improvements may be required to be in a different
configuration than anticipated to serve existing traffic patterns.
Because the necessity of such additional off-site improvements will
not be known until after both development of the SUBJECT REALTY and
the Expressway are completed, the need for the following off-site
improvements shall be reevaluated upon such completion and
addressed as follows:
1. Intersection Improvements at Meacham and Nerae. At
least 6 months and within one year after completion and
opening of Parcels 2 and 3 of the SUBJECT REALTY and opening
for use of the Expressway, the Village may require OWNERS to
hire a traffic consultant (who is mutually agreeable to both
parties and whose fee shall be shared equally by both parties)
to conduct an afternoon peak hour traffic study at the
Meacham/Merge intersection. If the intersection Level of
E:3
Service is at or above Level "D" with an average stopped delay
less than or equal to 26.0 seconds per vehicle during peak
hours, construction of intersection improvements shall not be
required. If the average stopped delay is greater than 26.0
seconds, OWNERS shall cause intersection improvements as
recommended by such consultant and approved by the Village to
be constructed at OWNERS' expense within 120 days after
receipt of such report and approval by the Village. I£ OWNERS
are required to install such improvements as set forth above
and the aggregate cost thereof exceeds $70,000 (plus an
additional amount to adjust for the increase in the
construction cost index, as published by the American City and
County magazine, from the date of this Agreement to the date
of the installation of such improvements), the balance of such
cost, if any, shall be the responsibility of the Village or
other governmental entities.
2. Nerae Road Traffic Signal. At least 6 months and
within one year after completion and opening of the
development on Parcels 2 and 3 of the SUBJECT REALTY and
opening for use of the Expressway, the Village may require
OWNERS to hire a traffic consultant (who is mutually agreeable
to both parties and whose fee shall be shared equally by both
parties) to conduct a traffic study at the main Nerge entrance
to the SUBJECT REALTY. If such consultant reports that a
traffic signal at such entrance is necessary, then OWNERS
shall, with the concurrence of the Village, cause such signal
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to be installed and connected to the signal at the
intersection of Meacham Road and Nerge Road at OWNERS' expense
within 120 days after receipt of such report and approval by
the Village. If, however, such consultant reports that the
traffic signal is not necessary, then the Village shall have
the right, within 120 days after receipt of such report, to
require OWNER to install the signal at such entrance and -
connect it to the signal at the intersection of Meacham Road
and Nerge Road, and the cost of the signal shall be shared
equally by OWNER and the Village.
3. Surety. Prior to the time that an occupancy permit
for any of the development contemplated on the SUBJECT REALTY
is issued, OWNERS shall provide the Village with a Letter of
Credit or such other surety as is reasonably acceptable to the
Village to guarantee the construction of the improvements set
forth in subparagraphs 1 and 2 above. The amount of the
surety shall be determined prior to the issuance of such
occupancy permit. Such amount shall be reduced or such surety
shall be released should it be determined that any or all
improvements in subparagraphs 1 or 2 are not required, or when
such improvements are completed.
4. Dedication of Right -of -Way. At the request of the
Village, OWNERS shall dedicate to Elk Grove Village, at no
cost to the Village, 60 feet of right-of-way at the Northeast
corner of the SUBJECT REALTY for the purpose of extending Home
Avenue.
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10. SALES TAX REBATE. The parties realize that the sanitary
sewer improvements referred to in Paragraph 9 above will inure to
the benefit of ELK GROVE VILLAGE and its residents. In
consideration thereof, the parties have determined that it is
appropriate for the Village of Elk Grove Village to compensate
OWNERS for the portion of such sewer improvements (as provided on
Exhibit "C" attached hereto) as will benefit land owners other than
OWNERS. Accordingly, OWNERS will pay the initial cost of such
sanitary sewer improvements; grovided, however, that ELK GROVE
VILLAGE shall reimburse OWNERS for the prorata portion of the cost
of the construction of such improvements based on the ratio of the
difference between (i) the entire "Sewer Service Area" (as
indicated on the attached Exhibit "D") less the area of the SUBJECT
REALTY and (ii) the entire "Sewer Service Area." Such
reimbursement shall be made out of the sales tax revenues generated
from the SUBJECT REALTY by payment to OWNERS of an amount equal to
100% of all sales tax revenues so generated immediately once such
revenues begin to be generated from the SUBJECT REALTY, until
OWNERS are reimbursed in full for such prorata portion of the cost
of such construction. The amount of the rebate shall be documented
by OWNERS and verified and approved by the Director of Engineering
and Community Development. The rebate will not include
expenditures for on-site improvements.
The sums due shall be paid by ELK GROVE VILLAGE to OWNERS, or
their successors and assigns as owner of the SUBJECT REALTY, within
it
30 days of receipt by the Village of the sales tax from the State
of Illinois for the applicable month.
11. FEES. ELK GROVE VILLAGE agrees to charge OWNERS such
building fees, utility connection fees, tap -on charges, engineering
fees, hearing fees, notice fees and similar fees, as are generally
enforced in the Village, and in accordance with its general
ordinances applicable at the date that the permit fee is applied
for and required.
In addition, fees of $500.00 per acre shall be paid by OWNER
to Elk Grove Village upon annexation, which shall be placed in the
Municipal Purpose Fund of the Village.
12. GENERAL PROVISIONS.
A. BUILDING PERMIT: ELK GROVE VILLAGE agrees that within
twenty-one (21) days after receipt of a complete application, it
will either issue such building and other permits as may, from time
to time be requested by OWNERS, their successors and assigns, or
issue a Letter of Denial within said period of time, informing
OWNERS, their successors and assigns, as to the specific
deficiencies in the application for permits, plans or
specifications. All of such permit applications, plans and
specifications, shall conform to this Agreement and all applicable
ordinances and codes.
B. OCCUPANCY CERTIFICATES: ELK GROVE VILLAGE agrees to
issue Certificates of occupancy, except as otherwise provided
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herein, within ten (10) days after the application or issue a
Letter of Denial within said period of time informing OWNERS, their
successors or assigns, specifically as to what corrections are
necessary as a condition to the issuance of a Certificate of
Occupancy, quoting the section of any code or ordinance relied upon
by ELK GROVE VILLAGE in its request for correction.
C. STOP ORDERS: The Village will issue no stop order
directing work stoppage in the building on parts of the SUBJECT
REALTY without detailing the section of the Village Code or portion
of this Agreement violated by OWNERS or their agents and allowing
OWNERS five (5) days in which to cure such violation. If a stop
work order, however, relates to public safety or excessive noise
as determined by the Director of Engineering and Community
Development, OWNER shall cease all work immediately until OWNER
corrects such violation to the reasonable satisfaction of the
Village.
13. RECORDATION. The parties agree to do all things
necessary to cause a copy of this Agreement to be recorded in the
Office of the Recorder of Deeds, Cook County, Illinois.
14. MISCELLANEOUS PROVISIONS.
A. NOTICES: All notices hereunder shall be in writing and
must be served either personally or by registered or certified mail
to:
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1. VILLAGE at:
Village Manager
Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, Illinois 60007
2. OWNERS at:
HP Retail Division #1, Inc.
c/o Hamilton Partners
300 Park Boulevard
Suite 100
Itasca, Illinois 60143
3. To 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: This Annexation
Agreement shall be binding upon and inure to the benefit of the
parties hereto, successor owners of record of the SUBJECT REALTY,
their assigns, lessees and upon any successor municipal authority
of ELK GROVE VILLAGE and successor municipalities, for a period of
ten (10) years form the date set forth in the first paragraph 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 Chapter 24, Section 11-15.1 et seq., Illinois
Revised Statutes, 1989, as amended. The corporate authorities of
the Village of Elk Grove Village have heretofore conducted a public
hearing upon this Agreement. In the event any part or portion of
this Agreement, or any provision, clause, wording or designation
14
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 thereof.
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 to secure the
performance of the covenants contained herein.
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 preamble to this Annexation Agreement 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.
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 convenience only
and are not part of this Agreement.
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r
H. CONFLICT IN REGULATIONS:
1. The provisions of this Agreement shall supersede the
provisions of any ordinances, codes, policies or
regulations of Elk Grove Village which may be in
conflict with the provisions of this Agreement.
2. Pursuant to the requirements of statute, the
corporate authorities of Elk Grove Village shall
adopt such ordinances as may be necessary to put
into effect the terms and provisions of this
Agreement.
I. APPLICATION OF ORDINANCES AND FEES: The Village reserves
the right to amend its Zoning and Subdivision Ordinance, its
Building Code and other Ordinances affecting the development of the
SUBJECT REALTY at any time as may be reasonably necessary for the
protection of the public health, welfare and safety by general
Ordinance amendments applicable to the development of all the
property in the Village, but no such Ordinance shall be
discriminating in its effect upon the development of the SUBJECT
REALTY. Except as provided elsewhere in this Agreement, the
Village agrees that, for a period of ten (10) years from the date
of the execution of the Agreement, it will not amend its Zoning
Ordinance or other Ordinances in such a manner as to prohibit the
use of the SUBJECT REALTY as contemplated by this Agreement and in
the manner set forth in this Agreement.
It is specifically agreed that the fees required for building
permits, plan review, inspection fees and any other regulatory fees
16
or other fees or charges having to do with the connection and
development of the SUBJECT REALTY shall not be increased by the
Village for a period of ten (10) years, except as part of any
overall increase in such fees which affect the development of all
property in the Village, adopted to meet the increased cost to the
Village for providing such services.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals on the day and year first above written.
ATTEST:
illage Clerk
T: t� c
VILLAGE:
VILLAGE OF ELK GROVE VILLAGE, an
Illinois municipal corporation,
By:
OWNERS:
�D-
z "�-
President
Hamilton Partners Retail Division ll!, Inc.
Notwithstanding anything contained herein to the contrary, Hamilton Partners
Retail Division #1, Inc. is the contract purchaser of the subject realty. If
the contract between Hamilton Partners Retail Division #1, Inc. and Gail
Whitehead, Independent Administrator of the Estate of Carl Kunas dated
November 21, 1990 is terminated without Hamilton Partners Retail Division #1,
Inc. acquiring the title to the subjeclt,2realty, this Annexation Agreement shall
be declared null and void without any further action of the parties hereto.
List of
Exhibits
EXHIBIT
"A"
- LEGAL DESCRIPTIONS
EXHIBIT
"B"
- PLAT OF SUBDIVISION
EXHIBIT
"C"
- SEWER IMPROVEMENTS
EXHIBIT
"D"
- SEWER SERVICE AREA MAP
EXHIBIT
"E"
- APPROVE SITE PLAN
!M