HomeMy WebLinkAboutRESOLUTION - 34-88 - 5/10/1988 - ANNEX AGRMT/FIRST AMENDMENTRESOLUTION NO. 34-88
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND
VILLAGE CLERK TO EXECUTE A FIRST AMENDMENT TO AN
ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE
AND AMERICAN NATIONAL BANK OF ARLINGTON HEIGHTS AS TRUSTEE
UNDER TRUST AGREEMENT A-1372 AND JOHN GULLO AND GEORGE GULLO
WHEREAS, the Village of Elk Grove Village, pursuant to
Resolution No. 64-78 duly adopted and approved on August 8,
1978 entered into an Annexation Agreement between the Village
and the owners of certain property legally described in said
Resolution; and
WHEREAS, since the date of the annexation of said property
certain conditions have changed so as to warrant an amendment
to said Annexation Agreement; and
WHEREAS, the President and Board of Trustees have conducted
a public hearing with respect to an amendment to the Annexation
Agreement as provided by law;
NOW, THEREFORE, BE IT RESOLVED by the President and Board
of Trustees of the Village of Elk Grove Village, Counties of
Cook and DuPage, Illinois as follows:
Section 1: That the Village President and Village Clerk
are hereby authorized and directed to execute a First Amendment
to an Annexation Agreement between the Village of Elk Grove
Village and American National Bank of Arlington Heights as Trustee
under Trust No. A-1372 and John Gullo and George Gullo, benefici-
aries thereof, a copy of said First Amendment to Annexation
Agreement being attached hereto and incorporated herein.
Section 2: That this Resolution shall be in full force
and effect from and after its passage and approval according
to law.
VOTES: AYES: 5 NAYS: 0 ABSENT: 1
APPROVED:
Charles J. Zettek
VILLAGE PRESIDENT
ATTEST:
Patricia S. Smith
VILLAGE CLERK
PASSED this 10th day of May , 1988.
APPROVED this 10th day of May 1988.
6529 8401
Rev. 5/4/88
FIRST AMENDMENT TO ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this 9th day of
May, 1988, by and between THE VILLAGE OF ELK GROVE VILLAGE, a
municipal corporation organized and existing under and by
virtue of the laws of the State of Illinois (hereinafter
referred to as the "Village") by and through its President and
Board of Trustees (hereinafter referred to collectively as the
"Corporate Authorities") and by AMERICAN NATIONAL BANK OF
ARLINGTON HEIGHTS as Trustee under Trust Agreement dated
September 1, 1981 and known as Trust No. A-1372 ("Trustee") and
JOHN GULLO and GEORGE GULLO, beneficiaries thereof and
developers ("Developers") (Trustee and Developers are
hereinafter collectively referred to as the "Successor Owner").
W I T N E S S E T H•
WHEREAS, on August 8, 1978, the Village passed Resolution
No. 64-78 authorizing the execution by the Village of a certain
Annexation Agreement dated August 8, 1978 relating to a parcel
of land consisting of approximately 9.03 acres legally
described therein and designated therein as the "Subject
Property" between the Village and John Gullo and his wife,
Maria, George Gullo, and his wife, Sarah, Amalgamated Trust and
Savings Bank as Trustee under Trust No. 2366, John Rogowski and
his wife, Lyndia, and the Bank and Trust Company of Arlington
Heights as Trustee under Trust No. 785, the Owner of the
Subject Property; and
WHEREAS, said Annexation Agreement was duly executed by the
Village and the Owner bearing the date of August 8, 1978; and
WHEREAS, Successor Owner has become the owner of those
portions of the Subject Property which have not yet been
developed; and
WHEREAS, the record of the public hearing conducted for
purposes of this Amendment to the Annexation Agreement has
shown that since the date of the Annexation Agreement,
Successor Owner has been unable to market, sell, or lease those
portions of the Subject Property which have not been developed,
under its existing O -T zoning classification, despite the use
of Successor Owner's best efforts; and
WHEREAS, Village and Successor Owner desire to amend the
Annexation Agreement to:
A. Accommodate certain changes and conditions in
circumstances which have arisen since the date of the
Annexation Agreement;
B. Provide for changes in connection with the development
and use of the Subject Property, including the zoning
thereof;
C. Provide for certain conditions and requirements in
connection with the development of the Subject
Property and the construction of improvements thereon
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in order to avoid any detrimental influence on
surrounding properties; and
D. Extend the term of the Annexation Agreement for an
additional five (5) years; and
WHEREAS, pursuant to the provisions of Illinois Revised
Statutes 1985, Chapter 24, Section 11-15.1-1 et seq., a
proposed First Amendment to Annexation Agreement in form and
substance the same as this Agreement was submitted to the
Corporate Authorities and a Public Hearing was held thereon
pursuant to notice as provided by statute.
NOW, THEREFORE, in consideration of the premises and the
matters herein contained, it is hereby mutually agreed by and
between the undersigned that the Annexation Agreement dated
August 8, 1978 is amended in the following respects:
1. Paragraph 4, which describes the zoning for the
Subject Property is hereby amended to read as follows:
. . ."4. ZONING PER OFFICIAL MAP. Those portions of the
Subject Property legally described on Exhibit A-1
hereto, pursuant to Section 24 of the Zoning
Ordinance of the Village shall be classified as a
Special Use within the O -T Office/Transitional
District for the following uses (in addition to
Permitted Uses allowed in the District) in
accordance with the Zoning Ordinance of the
Village:
a) warehousing and distribution of goods,
products and supplies;
b) packaging of existing goods, products and
supplies; and
C) light assembly.
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Subject to the conditions imposed by the
ordinance zoning the Special Use and the
conditions imposed by this Annexation Agreement
and Amendment, that there heretofore have been
conducted such Public Hearings as are necessary
to grant the zoning classifications provided in
this Annexation Agreement as amended and that no
further action need be taken by or on behalf of
Owner in order to obtain the aforesaid zoning
classification. It is further understood and
agreed that the effective date of the annexation
of the Subject Property to the Village shall be
the date upon which the Annexation Ordinance is
passed and approved by the Corporate Authorities."
2. The last sentence of Paragraph 6 is deleted and the
following is substituted therefor:
"Those portions of the Subject Property legally
described on Exhibit A-1 shall be re -subdivided
in accordance with the Plat of Resubdivision
therefor, attached as Exhibit C-1, but in such
form and containing such additional detail and
information as may be necessary to conform to
Village Ordinances. The set backs for the lots
developed within those portions of the Subject
Property zoned as I-1 shall be in conformance
with the Village Zoning Ordinance for the I-1
District. The set backs for the lots developed
as a Special Use within the O -T Office/
Transitional District shall be as provided in
Paragraph 16.A. of the Annexation Agreement as
amended".
3. The following is substituted for Paragraph 16 of the
Annexation Agreement:
.1116. LANDSCAPING AND SCREENING. Included in the
General Site Plan attached hereto as Exhibit D
are details for landscaping and screening for
those Lots of the Subject Property located
along Oakton Boulevard and for those Lots along
Stanley Street abutting residential areas to
the west. Proper steps shall be taken to
assure that any fence constructed is long
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lasting and permanent. The landscaping and
screening for the Lots on Oakton Boulevard
shall be installed as buildings are constructed
on each Lot. Upon the completion of
construction on 50% of the Lots along Stanley
Street abutting residential areas to the west,
the landscaping and screening as shown on the
plan for those Lots must be completely
installed by the owner of such Lots. The
landscaping and screening, as installed, shall
be maintained in the same condition as provided
for in Exhibit D by the owner of such Lots.
Prior to the issuance of a building permit for
those portions of the Subject Property not yet
developed, Successor Owner shall execute and
record against such property a Covenant
providing that the owner or owners thereof
shall continue to have such obligation of
maintenance and if such obligation is not met,
the Village may, but shall not be required to
perform such maintenance and that the costs of
such performance incurred by the Village, plus
the costs and legal fees incurred by the
Village in enforcing such covenant shall
constitute a lien against such property,
subject and subordinant only to the lien of any
existing mortgages or trust deeds recorded
against such property.
The following is added to Paragraph 13 of the
Annexation Agreement:
"The Plan attached hereto as Exhibit D shall
serve as the General Site Plan for those Lots
of the Subject Property described on Exhibit
A-1 and zoned as Special Use within the O -T
Office/Transitional District, and shall be a
part of the Special Use granted by the
Village. Such Site Plan shall be followed with
regard to areas where buildings, driveways,
parking areas, and loading docks are to be
located, but may be modified, so as to combine
lots and buildings (subject to the limitation
of this Annexation Agreement on building sizes
within the Special Uses) without additional
public hearings so long as any modification
does not substantially change the intent and
effect of the General Site Plan.
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5. The following is added as Paragraph 16.A. of the
Annexation Agreement:
. . ."16.A.
REQUIREMENTS. The following regulations which
are permitted within the I-1 District with
respect to Bulk and Yard requirements and
parking shall apply to the development of those
portions of the Subject Property described in
Exhibit A-1 hereto zoned as a Special Use
within the O -T Office/Transitional District,
and the Special Use shall so provide:
BULB AND YARD REQUIREMENTS:
Minimum Lot Area 15,000 square feet
Minimum Lot Width
at Front Yard Line
Minimum Required
Rear Yard
Minimum Side Yard
90 feet
15 or 72 (where lot
abuts residential
district)
10 or 50 (where lot
abuts residential
district)
(NOTE: The lots on Oakton Street shall
be deemed to have the front yard
on Oakton Street to the South
and the rear yard to the North
PARKING:
The parking requirements of the buildings shall
conform to the parking requirements which are
set forth in the Zoning Ordinance of the
Village for the actual uses made of such
buildings, as set forth in Subsections 3.96.B.,
C. or D. of the Zoning Ordinance.
6. The buildings constructed on those lots fronting on
Oakton Avenue shall be in substantial conformity with the
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elevations (either the "elevations" or the "alternate
elevations") depicted on Exhibit E attached hereto and made a
part hereof, including, but not limited to landscaping
treatment, building design, the area designated for office
space, and the location thereof.
7. The property described on Exhibit A-1 hereto, the
construction of all improvements thereon and the use thereof
shall take place in the following manner, when developed as a
part of the Special Use:
A. Any dumpsters shall be screened if located in the
back of a building facing the residential property to the
west, or shall be located inside of the building;
B. The backs of buildings facing the residential
property to the west shall be constructed in face brick and
there shall be at least two windows in the back of each
building with dimensions of not less than 4 ft. by 3 ft.;
C. Truck docks shall face Stanley Street. Doors in
the rear of any building facing the residential property to
the west shall not be larger than 10 feet by 10 feet and
any vehicles utilizing such doors shall move into the
building so that loading and unloading takes place within
the building. The style and materials of any door shall be
compatible with the style and material of the building;
D. The parking lot of the building fronting Oakton
Street and the west side of Stanley Street shall contain a
separation so as to prevent traffic access through such lot
from other buildings on the west side of Stanley Street;
E. Buildings on the west side of Stanley Street
shall not exceed 14,000 square feet and the amount of area
therein designated for office use shall not be less than
15% of the building area; and
F. Lighting of the fronts of the buildings facing
oakton Street and of the parking areas in the rear of the
buildings on the west side of Stanley Street shall be
pursuant to a Lighting Plan approved by the Village.
G. No activities relating to the conahct of any
business authorized by the Special Use (including related
traffic activities) may take place upon any Lots between
the hours of 10:00 P.M. and 6:00 A.M. other than the
Permitted Uses allowed with the O -T District or those
portions of the Special Use consisting of Office Uses.
H. The form, size, style and materials of any
signage for a building facing Oakton Street shall be
presented to the Village Board for its approval, prior to
installation. It is acknowledged that the type of
illumination and hours of illumination of any such sign are
of significant interest to the Board of Trustees, since
such buildings will face property used for residential
purposes.
S. The effective term of this Annexation Agreement shall
be extended for an additional five years from August 8, 1988 to
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August 8, 1993 and all dates and periods described and
contained in the Annexation Agreement which are coincidental
with the term of the Annexation Agreement shall also be
extended for such five year period.
9. The conditions and covenants of this Agreement shall
constitute a covenant running with the land and shall be
binding upon and inure to the benefit of the parties hereto,
all Successor Owners of record and the Owners and Developer,
their successors and assigns, and upon successor corporate
authorities of the Village and successor municipalities.
10. Other than as specifically amended and modified
herein, the Annexation Agreement as amended is hereby ratified
in all respects.
IN WITNESS WHEREOF, the parties have set their hands and
seals this 9th day of May, 1988, the same being done after
Public Hearing notice and statutory requirements having been
fulfilled.
SUCCESSOR OWNER:
BENEFICIARIES/DEVELOPER
John Gullo
TRUSTEE:
AMERICAN NATIONAL BANK OF
ARLINGTON HEIGHTS, as Trustee
under Trust Agreement dated
September 1, 1981 and known
as Trust No. A-1372
By:
Its:
George Gullo Attest:
Its:
VILLAGE:
By: Charles J. Zettek
Its: Village President
Attest: Patricia S. Smith
Its: Village Clerk
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