HomeMy WebLinkAboutRESOLUTION - 69-88 - 10/25/1988 - 4TH AMENDMENT TO SBL ANNEX AGRMT RESOLUTION NO. 69-88
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK
TO EXECUTE A FOURTH AMENDMENT TO AN ANNEXATION AGREEMENT
BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE
SUCCESSORS IN INTEREST TO THE SBL DEVON - 53 APARTMENT DEVELOPMENT
BE IT RESOLVED by the President and the Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage,
Illinois as follows :
Section 1: That the Village President be and is hereby
authorized to sign the attached documents entitled "FOURTH AMEND-
MENT TO ANNEXATION AGREEMENT" a copy of which is attached hereto
and made a part hereof as if fully set forth and the Village
Clerk is authorized to attest said documents 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.
VOTES : AYES : 5 NAYS: 0 ABSENT: 1
APPROVED :
Charles J. Zettek
VILLAGE PRESIDENT
ATTEST:
Patricia S. Smith
VILLAGE CLERK
PASSED this 25th day of October 1988 .
APPROVED this 25th day of October 1988 .
FOURTH AMENDMENT TO ANNEXATION AGRE000
This Agreement , made and entered into this 25th_ day of
October , 1988, by and between the VILLAGE OF ELK GROVE
and KERNEL P . PARIKH, RIVER FOREST STATE BANK & TRUST COMPANY , as
Trustee under Trust No. 1688, and AMERICAN NATIONAL BANK & TRUST
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COMPANY , as Trustee under Trust Nos . 400'83 and 46145,
WITNESSETH:
WHEREAS, KERNEL P . PARIKH is the contract purchaser of the
subject matter property hereinafter described and referred to as
Phase III ; and
WHEREAS, RIVER FOREST STATE BANK & TRUST COMPANY , as Trustee
under Trust No. 1688 is the legal owner of Phase III; and
WHEREAS, AMERICAN NATIONAL BANK & TRUST COMPANY, as Trustee
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under Trust Nos . 400x3 and 46145 is the legal owner of the
subject matter property hereinafter described and referred to as
Phases I and II ; and
WHEREAS, the above referenced properties are all part of a
single planned unit development commonly known as the Devon-53
Development; and
WHEREAS , said properties are subject to an Annexation
Agreement made and entered into with the VILLAGE OF ELK GROVE on
May 6, 1975 as amended on January 27, 1976, June 14, 1983 , and
September 23 , 1986; and
WHEREAS, said Annexation Agreement with the VILLAGE OF ELK
GROVE , as amended , provides for the maintenance of all of the
common open space within the above referenced properties to be
provided for through the establishment of an Illinois not-for-
profit corporation, the membership thereof to be comprised of the
owners of the above referenced parcels; and
WHEREAS, the parties hereto wishing to comply with the
spirit, intent and purposes of said provisions of the subject
Annexation Agreement but not wishing to convey any underlying
title interest in their respective properties or to relinquish
control to maintain their individual properties; and
WHEREAS, a Declaration of Easement covering the subject
properties which complies with the provisions and requirements of
said provisions of the subject Annexation Agreement has
previously been filed with the Cook County Recorder 's Office on
March 3 , 1977 , as Document No . 2924530; and
WHEREAS, the parties hereto have determined that it is in
their best interest to continue with said Easement Declaration in
and along all of the common open space in their respective
properties; and
WHEREAS , the owners of the subject properties have
petitioned the VILLAGE OF ELK GROVE for an amendment to the
subject Annexation Agreement and a public hearing has been held
concerning such an amendment.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, and of
the mutual promises and guarantees provided herein, the receipt
and sufficiency of which are hereby acknowledged , and other good
and value considerations, the parties hereto do hereby agree that
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paragraph 17 of the first amended Annexation Agreement be and is
hereby further amended to read as follows:
"Maintenance of Private Areas . All of the common open
space , retention pond , drainage lines , all private
access driveways , outdoor parking areas , walkways ,
emergency vehicles lanes , and street lights and signs
in the private areas described and depicted in Phases
1, 2 and 3 of the PLAN, together with such sanitary
sewer and water service lines as shall not be donated
to VILLAGE, shall be owned by, cared for, maintained ,
repaired and replaced by and at the expense of
DEVELOPER initially and thereafter , the ownership ,
care, maintenance, repair and replacement of the same
shall be assigned , conveyed , transferred and delivered
to person (s) from time to time owning the residential
buildings constructed upon Phases 1, 2 and 3; provided ,
however , that any portion of the common open space to
be conveyed to the VILLAGE in accordance with paragraph
15 shall be excluded from the requirements of this
paragraph. Prior to approval by VILLAGE of any final
plat for Phases 1, 2 and 3 DEVELOPER or OWNERS shall
file for review and approval by VILLAGE and thereafter
shall record grant of easements covering the real
estate contained therein providing for the requirements
of this paragraph. The OWNERS of each phase shall be
responsible for the necessary care, maintenance, repair
and replacement as to their own common open space and
their own improvements thereon . All of which shall be
maintained in accordance with all applicable Village
codes and ordinances .
WITNESS WHEREOF, the parties have caused this Agreement to
be executed by the Village President and the Village Clerk of the
VILLAGE OF ELK GROVE, KERNEL P. PARIKH, the RIVER FOREST STATE
BANK 5 TRUST COMPANY as Trustee under Trust No. 1688, and
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AMERICAN NATIONAL BANK & TRUST COMPANY as Trustee under Trust
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Nos . 400'83 and 46145.
VILLAGE OF ELK GROVE
By Charles J. Zettek
President Kernel P . Parikh
ATTEST: Patricia S. Smith RIVER FOREST STATE BANK &
Village Clerk TRUST COMPANY, as Trustee
Under Trust No. 1688
AMERICAN NATIONAL BANK & TRUST
COMPANY, as Trustee Under Trust By
No. 400`Q3
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By
AMERICAN NATIONAL BANK & TRUST
COMPANY , as Trustee Under Trust
No. 46145
By
PREPARED BY:
William A. Cogley
Attorney at Law
DONALD T. MORRISON
& ASSOCIATES, P .C.
32 N. West Street
Waukegan, Illinois 60085
312/244-2660
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