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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 - 2 - 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. - 3 - 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 =1� 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. - 5 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 z� 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 �Q 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 - 10 -