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HomeMy WebLinkAboutRESOLUTION - 71-86 - 9/9/1986 - ANNEX AGRMT LASALLE NATIONAL BANK AND HAMILTON PARTNERS RESOLUTION NO. 71-86 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND LASALLE NATIONAL BANK AND HAMILTON LAKES VILLAGE, LIMITED NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section l : That the Village President be and is hereby authorized to sign the attached documents marked: 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. PASSED this 9th day of September 1986. APPROVED this 9th day of September 1986. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk PUBLISHED in pamphlet form this 11th day of September , 1986 9/4/86 ANNEXATIO14 AGREEMENT THIS AGREEMENT, made and entered into this 9th day of September , 1986 , 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 "Corporate Authorities") , and LaSalle National Bank not person- ally but as Trustee, under Trust Agreement dated January 8 , 1986 and known as Trust #110733 , and Hamilton Lakes Village, Limited, a Texas limited partnership (hereinafter referred to as "the OWNERS") . W I T N E S S E T H- WHEREAS , the OWNERS , being the owners of record of certain real estate, the legal description of which is set forth on Exhibit A, attached hereto, made a part hereof and incorporated herein by reference (which real estate consists of approximately seventy-seven and nine tenths (77 . 9) acres and is hereinafter referred to as "the subject property") and which real estate adjoins , abuts and is contiguous to the corporate limits of the VILLAGE; and WHEREAS, the subject property constitutes territory which is contiguous to and may be annexed to the VILLAGE OF ELK GROVE VILLAGE, ILLINOIS , as provided in Article 7 of the Illinois Municipal Code (Illinois Revised Statutes, 1985 , Chapter 24) ; and WHEREAS, the OWNERS desire to have the subject property annexed to the Village of Elk Grove Village, Illinois , upon certain terms and conditions hereinafter set forth; and WHEREAS , the Corporate Authorities , after due and careful consideration, have concluded that the annexation of the -1- subject property to the VILLAGE would further the orderly growth of the VILLAGE, enable the VILLAGE to control the development of the area and serve the best interest of the VILLAGE; and WHEREAS , pursuant to the provisions of Illinois Revised Statutes , 1985 , Chapter 24 , Section 11-15 . 1-1 , et seq. , a proposed annexation agreement in substance and form the same as this Agreement was submitted to the Corporate Authorities and a public hearing held thereon pursuant to notice , as provided by statute; and WHEREAS, any fire protection district, or other entity or person entitled to notice prior to annexation of the subject property have been given notice as is required by law. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, IT IS HEREBY MUTUALLY AGREED by and between the undersigned as follows : 1 . STATUTORY AUTHORITY. This Agreement is made pursuant to and in accordance with the provisions of Illinois Revised Statutes, 1985 , Chapter 24 , Section 11-15 . 1-1 , et seq. 2. PETITION FOR ANNEXATION. The OWNERS have filed with the Village Clerk a proper petition for the annexation of the subject property to the VILLAGE OF ELK GROVE VILLAGE, ILLINOIS , conditioned upon the terms and provisions of the Agreement. The OWNERS have paid all appropriate fees and deposits . 3 . ANNEXATION ORDINANCE. The Corporate Authorities , upon the execution of this Agreement, shall enact an ordinance annexing the property shown on the Plat of Annexation attached hereto as Exhibit B made a part hereof and incorporated herein by reference . 4 . ZONING PER OFFICIAL MAP . The subject property shall be divided into four parcels for the purpose of zoning class- ification, the legal descriptions of which are set forth on Exhibit C attached hereto, made a part hereof and incorporated -2- herein by reference . Pursuant to Section 2 . 4 of the Zoning Ordinance of the VILLAGE, the parcels shall , upon annexation, be classified as follows : Parcel 1 : A-2 Multi-Family; Parcel 2 : O-T, Office Transitional District; Parcels 3 and 4 : B-2 , General Business District. That there heretofore have been conducted such public hearings as are necessary to grant the zoning classifications provided above and that no further action need be taken by or on behalf of OWNERS to obtain such zoning classifications once the subject property is annexed to the VILLAGE. It is further understood and agreed that the effective date of said annexation shall be the date upon which the annexation and rezoning ordinance is passed and approved by the Corporate Authorities . For zoning purposes , OWNERS shall be deemed to own that portion of the subject property which falls within the area platted by the Plat of Subdivision of Itasca Farms recorded with the Cook County Recorder of Deeds on July 9 , 1948 , as Document No. 14355084 . 5 . APPROVAL OF SUBDIVISION PLAT AND OTHER ACTION BY THE VILLAGE. Subsequent to the annexation of the subject property as aforesaid, the VILLAGE shall approve , accept and record a Final Plat of Subdivision of the subject property provided such Plat and all other documents required pursuant to the Village' s Subdivision Control Ordinance have been prepared by the OWNERS and approved by the VILLAGE in compliance with the Village ' s Subdivision Control Ordinance, with the following variances and exceptions from strict compliance with such Ordinance : 1 . No alleys shall be required pursuant to Section 8 .004 of the Subdivision Control Ordinance due to the availability of other access streets and driveways and the fact that alleys are not required for loading, unloading or fire protec- tion; provided, however, that OWNERS -3- shall construct a nine-foot wide fire lane around the parking structure in the northern end of Parcel 1 (Multi-Family) . 2 . The minimum width of right-of-way of a street other than the extension of Beisner Road shall be sixty (60) feet and the paving shall be twenty eight (28) feet curb-back to curb-back. The right of way for the extension of Beisner Road shall be eighty (80) feet and the paving shall be thirty nine (39) feet curb-back to curb-back as set forth on the Preliminary Planned Development Plat. The minimum inside diameter of the cul-de-sac at the north end of Park Boulevard shall be ninety (90) feet. 3 . That land previously dedicated to the Village to be used as a well site legally described on Exhibit D attached hereto, made a part hereof and incor- porated herein by reference shall be considered part of the land donation required by Section 8 . 004 of the Sub- division Control Ordinance. 4 . Utility easements shall not be required along the rear and side lot lines pursuant to Section 8 . 004 of the Subdivision Control Ordinance if not needed in the opinion of the Village Engineer; easements shall be granted in connection with the recording of final plats of planned development and Subdivision as shown on such documents . 5 . The VILLAGE will permit an upgrade in street lights which varies from the standard Commonwealth Edison lights , provided that Commonwealth Edison will -4- :-:install and maintain said lights. The -installation costs shall be borne by the . OWNERS and the energy and maintenance ,costs will be billed to and paid for the ,VILLAGE. The cost for maintenance and Y energy over and above the standard street light cost will be billed by Lne VILLAGE to the OWNERS on an annual basis in advance . If the number of street lights installed exceeds the number required by the VILLAGE, the additional maintenance and energy costs shall be the responsibility of the OWNERS . Said Plat shallbe substantially in accordance with the proposed Preliminary Pl%t of Subdivision attached hereto as Exhibit E made a part he2Teof and incorporated herein by reference. 6 . : TONING VARIATIONS . The subject property shall be developed in arccordance with the Zoning Ordinance of the VILLAGE except- that the following variations shall apply to the respective parcels : ?- Parcel 1 (Multi-Family) r 1 . The maximum permissible height pursuant to S&c.tion 5 . 34 .E (6) of the Zoning Ordinance shall be incrbased from sixty (60) feet to seventy-five (75) feet total as measured from ground level to the top of the building for one building only, provided that , the occupied portion of the building shall not exceed sixty (60) feet in height. 2 . The requirement of Section 5 . 34 E. (6) of the Zoning Ordinance that all buildings over two stories in height shall be equipped with elevators shall be waived and the requirement of Section 5 . 34 E. (5) that no attached dwelling shall contain more than eight dwelling units if living space is located on more than one floor shall be varied to permit ten -5- dwelling units with �Qgard to -.hree story buildings on the subject property if the stabvase designs and locations of stairways are approved by the Village Board, which approval shall not be unreasonably withheld. The Staircase Designs attached hereto as Exhibits F-1 to F-4 , made a part hereof and incorporated herein by reference are hereby approved. 3 . The requirement of Section 9 . 12 of the Zoning Ordinance that a building envelope of thirty (30) feet be deducted for the purposes of calculating common open space shall be reduced to ten (10) feet. 4 . The requirement of Section 5 .34 E. (8) of the Zoning Ordinance that all common open space be conveyed to a municipal or not-for-profit corporation shall not be required so long as Parcel 1 (Multi- Family) is owned by a single owner . At such time as Parcel 1 (Multi-Family) is subdivided and prior to ownership being conveyed to more than one owner, Section 5 .34 E. (8) shall be complied with. 5 . The permitted uses contained in Section 5 . 31 shall be deemed to include offices and model units for purposes of renting units on the subject property. Parcel " (Office Transitional) 1 . The maximum permissible height pursuant to Section 5 .73 B. of the Zoning Ordinance shall be increased from three (3) stories or thirty-five (35) feet to six (6) stories or ninety (90) feet for a maximum of two (2) buildings . 2 . Notwithstanding the requirements of Section 3 .96 C. of the Zoning Ordinance , the OWNERS are permitted to install one parking space for every two hundred eighty-five (285) square feet of office space . Parcels 3 and 4 (Business District) All twenty-four (24) hour restaurants and -6- restaurants which have drive-up windows are strictly prohibited from Parcels 3 and 4 (Business District) . Such public hearings as are necessary to grant the foregoing variations have heretofore been conducted and no further action need be taken by or on behalf of OWNERS to obtain such variations once the subject property is annexed to the VILLAGE. 7 . SPECIAL USE (PLANNED DEVELOPMENT) . Pursuant to Section 5 . 36 of the Zoning Ordinance a special use permit shall, upon annexation of the subject property, be issued for Parcel 1 (Multi-Family) , which shall permit a planned development in substantial conformance with the Preliminary Planned Development Plat attached hereto as Exhibit G made a part hereof and incorporated herein by reference. Such public hearings as are necessary to grant said special use have heretofore been conducted and no further action need be taken by or on behalf of OWNERS to obtain such special use once the subject property is annexed to the VILLAGE. Final Planned Development Plats may be submitted for portions of Parcel 1 (Multi-Family) to permit development of Parcel 1 (Multi-Family) in phases . The Final Plat for the first phase shall be submitted no later than one year from the date hereof. Final Plats for all subsequent phases shall be submitted no later than two years from the date of approval of the Final Plat for the first phase . Construction for each phase shall be completed within three years of approval of the Final Plat for such phase. 8 . BUILDING REQUIREMENTS . OWNERS and the VILLAGE agree to the following additions and/or changes to the VILLAGE building code as it relates to the subject property, said additions or changes to supercede any contrary requirements of said code : 1 . OWNERS may construct residential buildings up to three (3) stories of frame construction provided that such buildings are equipped with a fire suppression sprinkler -7- system which may be approved plastic pipes and otherwise meeting the requirements of the Village building code . 2 . Reinforced concrete pipe shall be used for all publicly maintained storm sewers. OWNERS may use building materials other than reinforced concrete for the construc- tion of all other storm sewers located on OWNER' S property, provided such materials conform to necessary strength requirements as identified by the Illinois Department of Transportation' s Standards Specifications . 3 . The requirement of the Village building code that access to two staircases shall be required for buildings of more than two stories shall be reduced to one staircase with regard to staircases serving ten or less units, provided such staircase is approved by the Village Fire Chief as stretcher accessible, which approval shall not be unreasonably withheld. 9 . SIDEWALKS . OWNERS shall construct sidewalks as required by the Village Subdivision Control Ordinance and in addition a sidewalk shall be constructed on the west side of Beisner Road (but not on the east side) north of Owner ' s property to Bristol Lane and on only the north side of Devon Avenue . Said sidewalks shall be a minimum of four feet wide. In addition, OWNERS shall construct connecting sidewalks from Beisner Road to Bristol Lane, Gateshead South, Wellington Avenue and Montego Drive within 180 days of written notification from the VILLAGE, which notice shall be given no later than the date of completion and acceptance of Beisner Road. 10 . WATER. For the purpose of providing water to the subject property and the buildings to be located thereon, the Owners shall connect to the existing Village water mains located at 'the southeast corner of the site, at the corner of Wellington Avenue and Beisner Road and at the western terminus of Montego Drive . In addition, water mains shall be extended to the northern boundary of the subject property to be available for service to the property shown on Exhibit H attached hereto, -8- made a part hereof and incorporated herein by reference. OWNERS shall be entitled to reimbursement from the owners of such property at the time of connection for a portion of the cost of such water mains in accordance with the Recapture Agreement attached hereto as Exhibit I , made a part hereof and incorporated herein by reference. 11 . SANITARY SEWER. The OWNERS shall provide sanitary sewer service to the subject property, and the build- ings to be constructed thereon, by connection into the existing Village sewer system located at the southeast corner of the site. The VILLAGE agrees that the existing sewer is adequate to accommodate the needs of the subject property now and when fully developed. OWNERS shall construct the sanitary sewers of adequate size to accommodate the future connection of any or all of the property shown on Exhibit H to such sewer. OWNERS shall be entitled to reimbursement from the Owners of such property for a portion of the cost of said sewer in accordance with the Recapture Agreement attached hereto as Exhibit I . 12 . ORDINANCE TO APPLY. The VILLAGE reserves the right to amend its Zoning Ordinance and Subdivision Control Ordinance, its Building Code and other Ordinances affecting the development of the subject property 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 discriminatory in its effect upon the development of the subject property. The VILLAGE agrees that for a period of ten (10) years from the date of the execution of this Agreement, it will not amend its zoning Ordinance or other ordinances in such a manner as to prohibit the use of the subject property 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 or other fees or charges having to do with the -9- development of the subject property, shall not be increased for a period of ten (10) years except as part of an overall increase in such fees which affects the development of all property in the VILLAGE, adopted to meet the increased cost to the VILLAGE of providing such services . 13 . PUBLIC STREETS . The OWNERS agree to dedicate and construct the public streets delineated on Exhibit G according to Village ordinance and standards provided therefor (except as herein modified) , and shall provide the Village with adequate security to guarantee said construction in such form as hereinafter set forth. OWNERS shall not be responsible for the cost of construct- ing water mains or fire hydrants along the portion of Beisner Road north of the subject property. The OWNERS agree to pay for 25% of the cost of a fully actuated 8 phase signal system at Devon Avenue and Park Boule- vard, subject to the approval of the Cook County Highway Department. The OWNERS agree to provide additional signing and striping at the Park Boulevard intersection at the request of the VILLAGE during a 24 month period after acceptance of those streets should problems , as determined by the Village Engineer, occur at the intersection. The OWNERS agree to grant appropriate easements and to construct appropriate pavement facilities to maintain access to the Village well site located at the southwest corner of the subject property. On-street parking will be prohibited on all proposed dedicated streets . 14 . DETENTION. The OWNERS shall construct detention areas for Parcels 1 , 2 , 3 and 4 to be located as shown on Exhibit G, and as required by Village Standards . Said areas shall be owned and maintained by OWNERS or their successors or assigns in accordance with Village standards , including the use of chemicals and/or aeration, if necessary, to maintain water quality therein. -10- 15 . PUBLIC IMPROVEMENTS - SECURITY. The OWNERS shall be required to give the VILLAGE security for the installa- tion of all public improvements, publicly owned and maintained, such security to be in the form of bonds , or cash escrow deposits or such other security which may be deemed by the Village Attorney or the Village Manager to be satisfactory, including but not limited to an irrevocable letter or creait drawn on a bank with assets in excess of $100 million dollars, such letter being effective for the length of time required to complete such improvements and certifying that adequate funds will remain available in a form to allow the VILLAGE to procure the funds irrevocably committed to complete the required public improvements and construction, if said improvements shall not be constructed within eighteen (18) months of the date of the engineering permit and the OWNERS shall continue such default for a period of sixty (60) days after written notice thereof by the VILLAGE to the OWNER. At the time public improvements are installed and approved by the Village Engineer, the OWNERS shall cause a Bill of Sale, one set of mylar as-built engineering plans , and a two-year maintenance bond to issue to the VILLAGE prior to the formal acceptance of said improvements by the President and Board of Trustees for permanent maintenance by the VILLAGE. 16 . PERMIT FEES . The VILLAGE agrees to charge the OWNERS such building fees, utility connection fees , tap-on charges and similar fees , as are generally enforced in the VILLAGE, and in accordance with its general ordinances applic- able at the date that the permit fee is applied for and required. 17 . LANDSCAPING AND SCREENING PLAN. A. The OWNERS shall prepare and submit a detailed land- scaping and screening plan for Parcels 1 , 2 , 3 and 4 where they abut residential properties . Said landscaping and screening plan will be submitted to the Plan Commission for review and recommendation and to the Village Board for approval prior to -11- the issuance of any building permits. In addition, the OWNERS shall prepare and submit a detailed interior landscaping and screening plan for each individual Parcel as required by applicable Village ordinances . B. Notwithstanding the foregoing, the VILLAGE shall issue such occupancy permits prior to completion of landscaping and screening if OWNERS provide : (i) certification by an architect or landscape engineer that it is not feasible to install the remaining landscaping due to the season, and (ii) a letter of credit in the amount of 1108 of the estimated cost of the remaining landscape improvements drawable by the VILLAGE to complete such landscaping in the event OWNERS fail to do so within nine (9) months of the issuance of any such occupancy permits . C. The VILLAGE shall continue to interpret the parkway tree requirements under the Subdivision Control Ordinance and the Ordinance Establishing Minimum Site Development And Land- scaping Requirements to permit the trees and shrubs required by the Ordinance Establishing Minimum Site Development and Landscaping Requirements to be counted in satisfaction of both ordinances. It is further agreed that the VILLAGE will continue its interpretation of the requirement for curbs on private roads to not apply to the proposed private road on the subject property known as Village Drive. D . The easterly 24 feet of the right-of-way for Beisner Road north of the subject property shall be improved with a six foot berm (reductions from six feet in connection with the installation of landscaping may be approved by the Village Board) planted with crown vetch or other approved ground cover. Parkway trees not required by the VILLAGE to be installed along Devon Avenue shall be installed within the right-of-way of Beisner Road north of the subject property. The berm and landscaping design for Beisner Road north of the subject property shall be subject to the review and approval of the Village Board after review and recommendation by the Plan -12- Commission. It is understood that landscaping shall substanti- ally exceed Village minimum standards. 18 . SIGNS . All signs not in conformity with the Village sign ordinance shall be subject to review, and approval by the Village Board with regard to size, design, manner of Illumina- tion, and placement. A total of 1200 square feet of permanent signs and 500 square feet of temporary signs shall be permitted for Parcel 1 (Multi-Family) ; a total of 1000 square feet of permanent signs and 500 square feet of temporary signs shall be permitted for Parcel 2 (Office Transitional) ; and a total of 200 square feet of permanent signs shall be permitted for each of Parcel 3 and Parcel 4 (Business District) . For purposes of determining the square footage of a sign, both sides shall be counted if verbiage is included on both sides , otherwise only one side shall be counted. Those signs designated as temporary shall be removed within one (1) year of the granting of a certificate of occupancy for the portion of the project where such temporary sign is located. The signs shown on Exhibit J attached hereto, made a part hereof and incorporated herein by reference are hereby approved as to design, subject to final approval of the Village Board as to actual square footage, manner of illumination, and location. 19 . STOP ORDERS . The VILLAGE will issue no stop order directing work stoppage in the building or parts of the subject property without detailing the section of the Village Code or portion of this Agreement violated by the OWNERS or their agents . 20 . CERTIFICATE OF OCCUPANCY. The VILLAGE agrees to issue certificates of occupancy within 15 days of application or issue a letter of denial informing the OWNERS as to what sections of the Code relied upon by the VILLAGE in its request for correction. 21 . DONATION OF LAND AND COST OF LANDSCAPING. The OWNERS agree to donate 4 . 32 acres of land to the VILLAGE for use as Public Land. However, in consideration of the Village ' s -13- reduction of the land donation requirement by 1 . 32 acres to 3 . 0 acres and the granting of permission to add one additional 10-unit building to Parcel 1 (Multi-Family) , OWNERS agree to contribute $50 , 000 to the VILLAGE, such funds to be used for the improvement of the donated 3 .0 acres as a passive park. OWNERS and VILLAGE shall have the reciprocal right to review and comment upon the proposed landscaping plan Tor such passive park and site improvement plans of OWNERS prior to construction. Such contribution shall be payable within thirty (30) days of presentation of the landscaping plan to OWNERS and notice that work will be commenced within thirty (30) days , provided that in no event shall such payment be due prior to April 1 , 1987 . 22. MAINTENANCE RESPONSIBILITIES. The OWNERS agree to provide for the maintenance of all private common open areas , including the lake/wet retention area, which lake shall not be dedicated or conveyed to the VILLAGE, and all landscaped areas located within any dedicated right-of-way areas , or shall provide for the maintenance of same by establishing an appro- priate not-for-profit corporation or association. The provi- sions of the charter or by-laws of any such corporation or association (as they relate to such maintenance and the means for providing funds therefor) shall be submitted to the VILLAGE and the VILLAGE shall be given the right to enforce such charters , by-laws or covenants . 23 . PAYMENT OF FUND . The OWNERS agree to pay the VILLAGE the sum of thirty-eight thousand eight hundred thirty- two ($38 , 832) dollars for use in connection with the Village ' s Municipal Purpose Fund. Said sum shall be paid as follows : One-third upon annexation and one-third annually thereafter until said full sum is paid. In the event that the property is completely developed before the full sum is paid, the OWNERS agree to pay the balance of the full sum before the last occupancy permit is issued. -14- 24 . CONDEMNATION. A. The VILLAGE and the OWNERS acknowledge and agree that it is in the best interest of the VILLAGE and the develop- ment to obtain 30 feet of additional right-of-way for Beisner Road north of the subject property. The OWNERS agree to use their best efforts to acquire such real estate at commercially reasonable prices. In the event that the OWNERS are unable to acquire all or part of such real estate on or before March 1 , 1987 , the VILLAGE shall, pursuant to the powers set forth in Chapter 24 , Sections 11-61-1 et seg. Illinois Revised Statute (1985) , acquire such real estate not acquired by the OWNERS by the exercise of its powers of eminent domain in accord with the power granted to the VILLAGE under the Constitution and the Statutes of the State of Illinois . B. Any delay in obtaining the additional right-of- way for Beisner Road shall not delay the granting of any necessary approvals of permits in connection with the property, or otherwise delay development, except with regard to the construction of Beisner Road north of the subject property. 25 . EFFECTIVE TERM. This Agreement shall be effec- tive for a term of ten (10) years from the date of its execu- tion. However, it is agreed that in the event that the annexa- tion of any of the subject property or any of the terms of this Agreement are challenged in any court proceeding, the period of time during which such litigation is pending shall not be included in calculating said ten (10) year term. 26 . BINDING EFFECT. This Agreement shall bind the heirs and successors and assigns of the OWNERS , the VILLAGE, its Corporate Authorities and successors in office, and be enforceable by order of court pursuant to the provisions of the statutes made and provided. Nothing herein shall in any way prevent alienation or sale of the subject property or portion thereof except that said sale shall be subject to the provisions hereof and of the Zoning Ordinance of the VILLAGE OF ELK GROVE VILLAGE and the new OWNER shall be both benefited and bound by the conditions and restriction herein and therein expressed. -15- 27 . SEPARABILITY. It is understood that in the event any provisions of this Agreement shall be deemed invalid, then the invalidity of said provisions shall not effect the validity of any other provisions hereof. 28 . NOTICE . All notices and demands shall be sent by certified or registered mail addressed as follows : To the OWNERS : c/o Crow Chasewood Development Company, 1011 Touhy Avenue Des Plaines , Illinois 60018 To the VILLAGE : Village Hall 901 Wellington Ave. Elk Grove Village, Illinois 60007 Attn. : Village Manager 29 . TRUSTEE' S EXCULPATION. This Agreement is executed by Trustee not personally but as Trustee as aforesaid in the exercise of the power and authority conferred upon and vested in it as such Trustee, and it is expressly understood and agreed that nothing herein contained shall be construed as creating any liability on Trustee personally to perform any covenant either express or implied herein contained, all such liability, if any, being expressly waived by all parties hereto and by every person now or hereafter claiming any right here- under, and that so far as Trustee personally is concerned, the parties hereto shall look solely to the subject property for the enforcement hereof. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals this 9th day of September 1986 , the same being done after public hearing, notice and statutory requirements having been fulfilled. HAMILTON LAKES VILLAGE LIMITED BY: Christopher T . Carley, General Partner BY: Bruce D . White , Limited Partner -16- LASALLE NATIONAL BANK, as Trustee as aforesaid By: ATTEST: `7TT,T,ACE Ov ELK (,ROVE BY: Charles J . Zettek Village President ATTEST: Patricia S. Smith Village Clerk —17— List of Exhibits Exhibit A - Legal Description of Subject Property Exhibit B - Plat of Annexation Exhibit C - Legal Descriptions of Zoning Parcels Exhibit D - Legal Description o Exhibit F-1 f Well Site Exhibit E - Plat of Subdivision to F-4 -- Staircase Designs Exhibit G - Preliminary Planned Development Plat V—V,;1,; , v - DPr,r'i llt„Yo h,a Exhibit 2 - Recapture Agreement Exhibit J - Signs -18- EXHIBIT A PAGE 1 OF 2 LEGAL DESCRIPTION PARCEL 1 THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (EXCEPT THE EAST 981 . 93 FEET THEREOF AND EXCEPT ANY PART FALLING IN DEVON AVENUE) IN SECTION 32 , TOWNSHIP 41 NORTH, RANGE 11 , EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2 THAT PART OF THE SOUTH HALF OF FRACTIONAL SECTION 31 , TOWNSHIP 41 NORTH, RANGE 11 , EAST OF THE THIRu NH1NCieaL MtlilLl A1V , IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 31 , THENCE RUNNING NORTH 20 CHAINS; THENCE WEST 8. 25 CHAINS; THENCE SOUTH 20 CHAINS; THENCE EAST 8 . 25 CHAINS TO THE PLACE OF BEGINNING (EXCEPTING THEREFROM THE WEST 350 FEET OF THE SOUTH 80 FEET THEREOF AND EXCEPTING ANY PART FALLING IN DEVON AVENUE) . PARCEL 3 THAT PART OF A TRACT OF LAND IN THE SOUTH HALF OF SAID SECTION 31 , TOWNSHIP 41 NORTH, RANGE 11 , EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 31 ; THENCE EAST ON THE LINE BETWEEN COOK AND DUPAGE COUNTIES, 47 . 66 CHAINS; THENCE NORTH 20 CHAINS; THENCE EAST 8. 34 CHAINS TO THE EAST LINE OF SAID SECTION; THENCE NORTH 10 . 46 CHAINS ; THENCE WEST 54. 50 CHAINS TO THE WEST LINE OF SAID SECTION; THENCE SOUTH 30. 50 CHAINS TO THE PLACE OF BEGINNING, LYING EAST OF THE FOLLOWING DESCRIBED LINE: BEGINNING IN THE SOUTH LINE OF SAID TRACT, 47 . 66 CHAINS EAST OF THE SOUTHWEST CORNER THEREOF, SAID POINT BEING 552 . 05 FEET WEST OF THE SOUTHEAST CORNER OF SAID SOUTH HALF; THENCE NORTH ON THE EAST LINE OF SAID TRACT TO A POINT OF INTERSECTION WITH A LINE 80 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE; THENCE NORTH 89° 39 ' 05" WEST AND PARALLEL WITH SAID SOUTH LINE, 46 . 73 FEET; THENCE NORTH 84° 17 ' 44" WEST ALONG A STRAIGHT LINE, A DISTANCE OF 603 . 51 FEET TO A POINT; THENCE WEST ALONG A STRAIGHT LINE PARALLEL WITH SAID SOUTH LINE OF SAID SECTION, A DISTANCE OF 43 . 90 FEET TO A POINT; THENCE NORTH 90 00 ' 42" WEST ALONG A STRAIGHT LINE, A DISTANCE OF 584 . 34 FEET TO A POINT; THENCE NORTH 120 38 ' 29" WEST ALONG A STRAIGHT LINE , A DISTANCE OF 507 . 04 FEET TO A POINT, THENCE NORTH 130 25 ' 30" WEST ALONG A STRAIGHT LINE, A DISTANCE OF 779 . 26 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT, SAID POINT BEING 1731 . 09 FEET WEST OF THE NORTHEAST CORNER OF SAID TRACT; EXCEPT THEREFROM THE FOLLOWING: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 31 AFORESAID; THENCE SOUTH 890 39 ' 05" EAST OF THE SOUTH LINE THEREOF, 47 . 66 CHAINS , SAID POINT BEING 552 . 05 FEET WEST OF THE SOUTHEAST CORNER OF SAID SOUTH HALF; THENCE NORTH 20 47 ' 48" WEST TO THE INTER- SECTION WITH A LINE 80 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE; THENCE NORTH 89° 39 ' 05" WEST AND PARALLEL WITH SAID SOUTH LINE, 46 . 73 FEET; THENCE NORTH 84° 17 ' 44" WEST, A DISTANCE OF 674 . 08 FEET FOR A PLACE OF BEGINNING; THENCE CONTINUING NORTH 84° 17 ' 44 " WEST, 129 . 43 FEET; THENCE WEST EXHIBIT A PAGE 2 OF 2 PARALLEL WITH SAID SOUTH LINE, 43 . 90 FEET; THENCE NORTH 90 00 ' 42" WEST, 231 . 70 FEET; THENCE SOUTH 84° 17 ' 44" EAST, 232 . 00 FEET; THENCE SOUTH 5° 42 ' 16" WEST, 220 . 00 FEET TO THE PLACE OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PARCEL 4 THAT PART OF THE SOUTH HALF OF FRACTIONAL SECTION 31 , TOWNSHIP 41 , RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 31 ; THENCE WEST 8 . 25 CHAINS (544. 50 FEET) TO THE PLACE OF BEGINNING; THENCE CONTINUING 0. 09 CHAINS (5. 94 FEET) TO A POTNT (55? 05 FFET WELT 0" ,^A:-- SOUTHEAST CORNER OF SECTION 31 , SAID POINT) BEING RECORDED 47 . 66 CHAINS ( 3145 . 56 FEET) EAST OF THE SOUTHWEST CORNER OF SAID SECTION 31 ; THENCE NORTH 20 CHAINS ( 1320 . 0 FEET) ; THENCE EAST 0 . 09 CHAINS (5. 94 FEET) ; THENCE SOUTH 20 CHAINS ( 1320. 0 FEET) TO THE PLACE OF BEGINNING (EXCEPTING THEREFROM ANY PART FALLING IN DEVON AVENUE) . ALSO ALL THAT PART TAKEN FOR RIGHT OF WAY (BEING RECORD 33 . 0 FEET IN WIDTH) LYING SOUTH OF AND ADJOINING LOTS 21 , 22, 37 6 38 IN ITASCA MEADOW FARMS , BEING A SUBDIVISION OF PART OF SECTION 31 , TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORD JULY 9, 1948 AS DOCUMENT NUMBER 14355084 , IN COOK COUNTY, ILLINOIS . ALSO ALL THAT PART OF DEVON AVENUE IN SECTION 31 6 32 , TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN , LYING EAST OF THE SOUTHERLY EXTENSION OF THE EASTERLY MOST WESTERLY LINE OF SAID PARCEL 3 HEREINABOVE DESCRIBED AND LYING WEST OF THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF SAID PARCEL 1 HEREINABOVE DESCRIBED, IN COOK COUNTY, ILLINOIS. EXCEPT FROM ALL OF THE ABOVE ANY PART CURRENTLY SITUATED WITHIN THE MUNICIPAL LIMITS OF ANY MUNICIPALITY. EXHIBIT C PAGE 1 OF 2 PARCEL 1: A-2 SPECIAL USE THOSE PARTS OF SECTION 31 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32 , ALL IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 31 ; THENCE NORTH 020 47 ' 31" WEST ALONG THE EAST LINE OF SAID SECTION 31 , A DISTANCE OF 50 . 08 FEET TO THE NORTH LINE OF DEVON AVENUE; THENCE: NUk'1'n a7" » Q, --- --, Tn "'^nmv * TNF "OF nFVON AVENUE, 202 . 05 FEET; THENCE NORTH 02° 47 ' 31" WEST ALONG SAID NORTH LINE OF DEVON AVENUE, 30 . 05 FEET TO THE POINT OF BEGINNING; THENCE NORTH 890 39 ' 05" WEST ALONG SAID NORTH LINE OF DEVON AVENUE, 396 . 73 FEET; THENCE NORTH 840 17 ' 44" WEST ALONG SAID NORTH LINE OF DEVON AVENUE, 674 . 00 FEET; THENCE NORTH 050 42 ' 16" EAST, 220 . 00 FEET; THENCE NORTH 48° 57 ' 54" EAST ALONG A LINE RADIAL TO THE NEXT DESCRIBED CURVE, 194. 31 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 627. 00 FEET FOR A DISTANCE OF 438 . 00 FEET TO A POINT OF TANGENCY; THENCE NORTH 010 00 ' 33" WEST, 1119 . 45 FEET; THENCE SOUTH 890 33 ' 40" EAST, 1180. 75 FEET TO SAID EAST LINE OF SECTION 31 ; THENCE SOUTH 020 47 ' 31" EAST ALONG SAID EAST LINE OF SECTION 31 , A DISTANCE OF 676 . 99 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32 ; THENCE NORTH 880 44" 49" EAST ALONG SAID NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, 344 . 60 FEET TO THE WEST LINE OF THE EAST 981 . 93 FEET OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 020 49 ' 41" EAST ALONG SAID WEST LINE OF THE EAST 981 . 93 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, 1283 . 44 FEET TO SAID NORTH LINE OF DEVON AVENUE; THENCE NORTH 480 52 ' 15" WEST ALONG A LINE RADIAL TO THE NEXT DESCRIBED CURVE 399. 77 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 894 . 54 FEET FOR A DISTANCE OF 321 . 14 FEET; THENCE SOUTH 020 47 ' 31" EAST, 40 . 00 FEET TO SAID POINT OF BEGINNING; CONTAINING 61 . 06 ACRES , MORE OR LESS, OF WHICH 7. 89 ACRES, MORE OR LESS , ARE INSIDE PROPOSED ROADS . NET AREA EQUALS 53 . 17 ACRES, MORE OR LESS . PARCEL 2 : -4 OFFICE A240 T7Al4SITiO^zkL LaT PA17 C OF SECTION 31, MC ''NSBIP 41 NURTH, RANGE 11 FAST OF THE THIRD PRINCIPAL FE-R IA2; IN CCOR CCUWfY, ILLINOIS, D&9M= AS FOLLOrsS: CCU""r CING AT THE SOUI4MASr CORNER OF SAID SECTION 31; nlENC E NDRM 020 47' 31" WAST ALO:O TFE EAST LINE OF SAID SECTION 31, A DISTANCE OF 50.08 FEET TO =- NC= LINE OF DE73N A�`- CH; THE FOUOIING FOUR COURSES BEING ALONG SAID tl)RrH LItZ OF DEVON AVENUES: 'P.-'.IIK;E NO= 890 39' 05" WEST, 202.05 FEET; THENCE NORM 020 47' 31" WEST, 30.05 FEET; T'r't''CZ NOSH 890 39' 05" WEST, 396.73 FEET; T"rL 19ZE NTOFCH 840 17' 44" WEST, 674.08 FEc'1•; :rL Cr tI3M 050 42' 16" FAST, 220.00 FEET; TFENCE NME 640 17' 44" WEST, 232.00 FE�''1', TO THE FAST LINE OF F.A.I. 90; THENCE NORTH 09° 00' 42" WEST ALONG SAID EAST LIES OF F.A.I. 90, A DISTANCE OF 180.91 FEET TO THE POINT OF BEGINlNING; THENCE THE FOLLO;,ZN6 TE7DE..' CXTR.5L5 ALONG SAID EAST LINE OF F.A.I. 90: NOM 09° 00' 42" WEST, 171.73 FEET; NJ= 120 38' 29" WEST, 507.04 FEET; NORTH 130 25' 30" WEST 807.66 FEET; TEZE,'7CE 89' 33' 40" EAST, 557.49 FEET; THENCE SOUTH 01° 00' 33' EAST, 1119.45 F= TO A POINT OF C;,cZ<<-TIT2E; "-E 90ClT STERLY ALONG A CURVE, MJAVE TO THE NOFaT AST, HAVIt3 A RADIUS OF 627.00 FEET, FOR A DISTANCE OF 218.86 FEET; THENCE 9J[TTH 68° 59' 26" WEST, 314.29 FEE 70 AID POINT OF BEGINNING; coNTA,INING 13.06 ACRES, MORE OR LESS. EXHIBIT C PAGE 2 OF 2 PARCEL 3 : = �" KSINESS -4DSE PARTS OF SECTION 31 AND 7.jE SU."Hl EST Qr=ER OF THE SOUTHWEST Q'.L+ TE-R OF ALL IN TCA'NSHIP 41 NORTH, RANGE 11 FAST OF THE TE RD PRINCIPAL tER.IDL%ti Ti; Cir. _ `r T!+ !c nca'aTBM AS FCL 0l;S: OmM1"FCIi7G AT THE souTHEEAST COMER OF SAID �uTION 31; :fes v ` rnRTFr n7' 47' 31" WEZ7 T- EAST LINE OF = SECTION 31, A DIST `�'' OF 50.08 FEt: TO THE Pc Nr OF BSPZ", G:; Tom= NORTH LINE OF DEVON AVE;NE; THENCE NORTH 890 39' 05" WEST ALONG = NOr--H LL`s. C: DEVON AVF;'*7UE, 202.05 FE=T; THENCE W ZIH 020 47' 31" WEST 70.05 FEET; THE.*KE ALONG A CURVE, CONCAVE TO THE NORTHWEST, HAVING A CHORD BEARING OF NORTH 51' 24' 50" E=, A C-3URD LENGTH OF 319.42 FEET, A RADIUS OF 894.54 FEET FOR A DISTANCE OF 321.14 FC*; ==— SOUTH 48' 52' 15" EAST, 399.77 FEET TO SAID SXTI'H LINE OF DEVON AV! ,T; T: rZ SJi7li 86' 45' 42" WEST ALONG SAID SOUTH LINE OF DEVON AVa;TJE, 345.42 FEST TO S<= ? ?[^ C= BSG2 T.*.G; CONTAINING 1.83 ACRES, MORE OR LESS. PARCEL 4: THAT PART OF SECTION 31, TC7:AMTP 41 NORTH, PA2KlE 11 FAST OF THE THIRD PRINCIPAL MERPJL_; IN CO:lFi CZJNTY, ILLINOIS, DESCRIBED AS FOLLOWS: C C:' Y ING AT 'T'HE SOUTHEAST CORNER OF SAID SECTION 31; Tlr-;2)CE NORTH 020 47' 31" WE.S ATO?G TfE EAST LINE OF SAID SECTION 31, A DISTANCE OF 50.08 FEFr TO THE NORTH LINE OF DEVON A'JEt.L'E; =)CE THE FOLLOWING FOUR COURSES BEING AVON„ SAID NORTH LINE OF DEVON AVE."n,Z: T^+cE NOM 890 39' 05" WEST, 202.05 FEET; THENCE NDRTH 02' 47' 31" WEST, 30.05 FEL^:; T'-=KE NORTH 890 39' 05" WEST, 396.73 FEET; THENCE NORTH 84' 17' 44" WEST, 674.08 FE:":; T�K� NORTH 05' 42' 16" FAST, 220.00 FF:'T'.T TO THE POINT OF BINNING; T'rE)a NOT 640 17' 44" 4,FST, 232.00 FEET TO THE EAST LINE OF F.A.I. 90; T:ZNCE NDRIE 09' 00' 42" Wry_ ALO?1G SAID EAST LI.',Z OF F.A.I. 90, A DISTANCE OF 180.91 F=; THE?K-E NORTH. 68` 59' 26" EAST ALONG A LINE RADIAL TO THE NEXT DESCRIBED CURVE, 314 .29 FEET; THENCE Sr .TI'rjE. SI'E',*„'.' 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I / ` ^ 7e10 Q 1 Q MID II; Al 21 I MO/r ' EXHIBIT H RECAPTURE AGREEMENT THIS AGREEMENT, made and entered into this 9th day of September , 1986 , by and between the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation and the State of Illinois (hereinafter referred to as "Village") , and LA SALLE NATIONAL hnt as Trustee under Trust Agreement dated January 8 , 1986 and known as Trust No. 110733 and HAMILTON LAKES VILLAGE, LIMITED, a Texas limited partnership (hereinafter referred to as "Subdividers" ) . W I T N E S S E T H: WHEREAS , the Village has adopted a municipal ordinance re- quiring the installation of water mains , storm and sanitary sewers and other public improvements (hereinafter referred to as "Public Improvements") as a condition precedent to the acceptance of a final map of any subdivision for the property legally described as : (hereinafter referred to as "Subdivision") ; and WHEREAS, it is the opinion of the corporation authorities of the Village that such Public Improvements will be used exclusively for the benefit of other property not in the Subdivision, which property is hereinafter referred to as "Other Property" , and is legally described as follows : which is a parcel of 77.9 acres of land; and WHEREAS , the Village and the Subdividers agree that the contract herein is for and in the best interests of all concerned, including the citizenry of the Village; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, it is hereby agreed to by the parties hereto: 1 . That the Subdividers shall construct certain Public Improvements , namely : which will exclusively serve Other Property in the sizes , specifications , EXHIBIT I and in the manner set forth upon the engineering plans attached hereto and hereby made a part hereof as Exhibit I . 2 . That the Village shall reimburse the Subdividers the portion of the cost of such Public Improvements constructed by the Subdivider that is to be incurred by the Subdividers for the benefit of Other Property to the extent improvements on the Other Property is tapped-on to or connected to such rd�, Improvements within ten (10) years of the date such Public Improvements are accepted by the Village. Such reimbursement shall take place when it is collected by the village from the owners of Other Property pursuant to the formulas set forth hereinbelow: A. Engineer' s Estimate of Public Improvements Serving Exclusively Other Property. Item Quantity Unit Description Unit Price Total Cost Plus 15% Engineering and Contingencies Grand Total Cost of Public Improvements Serving Exclusively Other Property = B . Formula. 1 . Total area of Other Property = Acres (hereinafter referred to as "Total Area") . 2 . Portion of Other Property being developed x Grand Total Total Area Cost of Public Improvements Serving Exclu- sively Other Property 3 . The product of the above (hereinafter referred to as Product" ) shall equal the costs of such Public Improvements and fees charged to each owner of Other Property being developed. C. Pro-Rata Costs - Collection of Recapture Fees . At the time when an owner or developer applies for permits to develop a portion of the Other Property or applies for a tap-on permit in order to use such Public Improvements (whichever event first occurs) , the Village shall collect the amount of the Product from such owner or developer plus interest thereon at the amount of the Product from such owner or developer plus interest thereon from the date of completion of such Public -2- Improvements to the date of collection at a rate of interest equal to the Corporate Base Rate of the First National Bank of Chicago announced to be in effect as of January 1 of each vear plus one percent (18) . 3 . That this Agreement shall be executed by the parties hereto in triplicate , and one such original copy be filed with the Recorder of Deeds of Cook County, to serve to notify persons interested in the Other Property of the fact that there will be a charge in relation to such other Property for the connection to and use of the Public Improvements constructed under this Agreement. 4 . That the collection by the Village of the Recapture fees contemplated hereinabove shall be in addition to and over and above any and all other building permit fees, water tap-on fees , sewer connection fees , and/or all other fees required to be paid by the Ordinances of the Village, other local regula- tion, and/or the statutes of the State of Illinois . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and their respective officials , officers , partners , or trustees have signed and affixed their respective seals the day and year first above written. VILLAGE OF ELK GROVE VILLAGE SUBDIVIDERS: By: Charles J. Zettek Village President (Seal) Attest: Patricia S. Smith Village Clerk -3- I PAGE OF 2 cli � I •r i � E - .y � N . SII �{ O � I rD < .7 r C illi �n•r 3 �jMl r Z r G7 L 2 r P .7 = r-7t z n•1 3; -47'S Z x Z P"�nrP n -`•rri m7D P z � r a r mr > �m m I FA m rn Z Lr � A •7 C ip � 3 A a +3 to Z I' c 0 �Z f � 1 Jr N 3 � !D v I ji }IrI 1 I I 1 EXHIBIT J PAGE 2 OF 2 i cl a �3� fTm o Ltm Mr J m �- o Pm F P \\ r, tn a r a 13 I .a r r - � oz tz I cl H tl .r N IT7 y N Cry N � i i a m � z_ 0 NR I , N'R .-' a , � •fir � i a� � � J J \ Z