HomeMy WebLinkAboutRESOLUTION - 79-86 - 9/23/1986 - ANNEX AGRMT/SOUTHLAND CORP RESOLUTION NO. 79_R6
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE
OF ELK GROVE VILLAGE AND THE SOUTHLAND CORPORATION
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 1 : 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 23rd day of September 1986•
APPROVED this 23rd day of September 1986.
Charles J . Zettek
Village President
ATTEST:
Patricia S. Smith
Village Clerk
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this _2[d_ day of
cA2r�_, 1986 , by and between the VILLAGE OF ELK GROVE
VILLAGE, a municipal corporation orgaGized and existing under and
by virtue of the laws of the State of Illinois (the "Village" ) by
and through its President and Board of Trustees ( the "Corporate
Authorities" ) and PARKWAY BANK AND TRUST CO . , as Trustee under
Trust Agreement dated April 22, 1986 and known as Trust No . 7732
(the "Petitioner/Owner" ) ,
W I T N E S S E T H:
WHEREAS, the Owner is the current owner of record of
certain real estate comprising approximately 32,894 square feet
and located on the Northeast corner of Devon Avenue and Tonne
Road, the legal description of which is set forth as Exhibit "A" ,
attached hereto and, by this reference , made a part hereof and
incorporated herein (the "Subject Property" ) ; and
WHEREAS , the Subject Property adjoins , abuts and is
contiguous to corporate limits of the Village and is not within
the corporate limits of any other municipality; and
WHEREAS, the Petitioner is the contract purchaser of the
Subject Property and has petitioned the Village for annexation
and rezoning of the Subject Property ; and
WHEREAS , the Subject Property constitutes territory
which may be annexed to the Village in accordance with Article 7
of the Illinois Municipal Code ( Ill . Rev. Stat . Ch. 24 , Article
7) ; and
WHEREAS , the Owner and the Petitioner desire to have the
Subject Property annexed to the Village upon certain terms and
conditions hereinafter set forth ; and
WHEREAS , pursuant to the provisions of Section 11 - 15 . 1 - 1
et sect. of the Illinois Municipal Code ( 111 . Rev. Stat . Ch. 241
511- 15 . 1- 1 et seg. ) , a proposed annexation agreement in substance
and form the same as this Agreement was submitted to the Corpo-
rate Authorities and a public hearing held thereon pursuant to
notice , as provided by statute ; and
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WHEREAS, pursuant to due notice and advertisement in the
manner pro-ided by law, the Plan Commissiun of the Village held
such public hearings as are necessary to permit the rezoning
contemplated herein ; and
WHEREAS, any fire protection district , or other entity
or person entitled to notice prior to annexation of the Subject
Property has been given notice as is required by law ; and
WHEREAS, the Corporate Authorities , after due and care-
ful consideration, have concluded that the annexation of the Sub-
ject 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 .
NOW, THEREFORE, in consideration of the premises and of
the mutual covenants and agreements herein contained, IT IS HERE-
BY MQ TUALLY AGREED by and between the undersigned as follows :
1 . PREMISES . The foregoing recitals are hereby made a
part of this Agreement .
2. STATUTORY AUTHORITY . This. Agreement is made pursu-
ant to and in accordance with the provisions of Illinois Revised
Statutes , 1985 , Chapter 24 , Section 11 - 15 . 1 - 1 , et seq.
3• PETITION FOR ANNEXATION . The Owner and the Peti-
tioner have filed with the Village Clerk a proper petition for
the annexation of the Subject Property to the Village conditioned
upon the terms and provisions of the Agreement . The Owner and
the Petitioner have paid all appropriate fees and deposits in
connection with said petition.
4. ANNEXATION ORDINANCE . The Corporate Authorities ,
upon the execution of this Agreement , shall enact an ordinance
annexing the Subject Property , as depicted on the Plat of Annexa-
tion attached hereto and , by this reference , incorporated herein
as "Exhibit B. "
5 . ZONING Pursuant to Section 2 . 4 of the Zoning
Ordinance of the Village , the Subject Property shall , upon annex-
ation , b.e classified as being within the B-3 District of the
Village . There heretofore have been conducted such public hear-
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ings as are necessary to grant the zoning classification provided
above and no further action need be taken by or on behalf of she
Owner or the Petitioner to obtain the B-3 zoning classification
once the Subject Property is annexed to the Village .
6 . VARIATIONS GRANTED. Subsequent to the annexation
and rezoning of the Subject Property as aforesaid , the Village
shall approve the following variations , each of which have been
recommended for approval :
1 . A twenty-one (21 ) foot side yard varia-
tion on the North side of the Subject
Property.
2. A forty-eight ( 48) foot rear yard varia-
tion on the East side of the Subject
Property.
7 . DEVELOPMENT OF PROPERTY. Upon annexation to the
Village , the Village shall permit the Subject Property to be
developed with a restaurant with a seating capacity of approxi-
mately 68 seats in a one story building and with off street park-
ing facilities , the size , number, description and location of
which are depicted on the site plan attached hereto and, by this
reference , incorporated herein as Exhibit "C" (the "Site Plan" ) .
8. PAYMENT OF FUND . The Owner and/or Petitioner has
paid to the Village the sum of Two Hundred Seventy-Five Dollars
$275 .00 for use in connection with the Village ' s Municipal Pur-
pose Fund. The Village does hereby acknowledge receipt of said
SUM.
9 . WATER. For purpose of providing water to the Sub-
ject Property and the buildings to be located thereon, the Owner
and/or the Petitioner shall do the following:
1 . Connect to the existing Village water
main located on Devon Avenue .
110. SANITARY SEWER . The Owner and/or the Petitioner
shall provide sanitary sewer service to the Subject Property , and
the building to be constructed thereon, by connection into the
existing sewer as noted on the Site Plan , or such other location
or locations as the Owner and/or Petitioner may request and which
are acceptable to the Village Engineer . The Village agrees that
the existing sewer is adequate to accommodate the needs of the
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Subject Property now and when fully developed in accordance with
Paragraph 7 of this Agreement.
11 . ELECTRICAL UTILITIES . The Subject property is pre-
sently being serviced with above-ground electrical and telephone
lines which is contrary to the Village ' s Subdivision Control
Ordinance. It is anticipated that the cost to relocate the lines
below ground (exclusive of costs associated with increasing the
capacity of the electrical lines) will not exceed $1 , 000 . In that
event , the Owner agrees to relocate those lines below ground .
Should the costs exceed $1 ,000 , the Village agrees to consider
Owner ' s request for a variation of the above-stated Subdivision
Control Ordinance provision and the granting of said variation
shall not be unreasonably withheld by the Village.
12. FIRE HYDRANT. The Owner and/or Petitioner shall
install a fire hydrant in the parkway at or near the corner along
Devon Avenue .
13 . SIDEWALK. Because there exists no sidewalk network
in the immediate vicinity of the Subject Property , no sidewalks
will , initially , be required for the Subject Property . However ,
the Owner and/or Petitioner shall install a sidewalk on the Devon
Avenue and the Tonne Road frontages of the Subject Property as
soon as practicable after receipt of written notice from the
Village requiring the same.
14 . SCREENING/BUFFER. Prior to the issuance of an
occupancy permit , the Owner and/or Petitioner shall install a
stockade fence along the north and east property lines of the
Subject Property and such shall be the only screening requirement
imposed by the Village for the Subject Property .
15 . ORDINANCE TO APPLY. The Village reserves the right
to amend its Zoning and Subdivision Ordinance , its Building Code
and other Ordinances affecting the development of the Subject
Property at any time as may be reasonably necessary for the pro-
tection of the public health , welfare and safety by General Ordi-
nance Amendments applicable to the development of .all the proper-
ty in the Village, but no such Ordinance shall be discriminatory
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in its effect upon the development of the Subject Property as
described in Paragraph 6 of this Agreement . Thu Village agrees
that , for so long as this Annexation Agreement is in effect , it
will not amend its Zoning Ordinance , or other ordinances , in such
a manner as to prohibit the use of the Subject Property as con-
templated by the Agreement in the manner set forth in Paragraph 7
of this Agreement .
16 . NO INCREASE IN PERMIT FEES . The Village agrees
that the fees required for building permits , plan review, inspec-
tion fees and any other regulatory fees or other fees or charges
having to do with the connection and development of the Subject
Property., shall not be increased throughout the term of this
Agreement except as part of an overall increase in fees which
affects the development of all property in the Village , adopted
to meet the increased cost to the Village of providing such ser-
vices .
17. DEVELOPMENT IN GENERAL CONFORMITY WITH SITE PLAN .
The Owner and/or the Petitioner shall cause the Subject Property
to be improved in general conformity with the Site Plan except as
otherwise provided herein and as necessarily modified to solve
engineering layout and/or design problems not reasonably foresee-
able at the time of the execution of this Agreement . Any engi-
neering change must be approved by the Village Engineer .
18. 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 thereof of this Agreement of the Plan violated by the
Owner and/or the Petitioner .
19. CERTIFICATE OF OCCUPANCY. The Village agrees to
issue certificates of occupancy within 15 days of application or
issue a letter of denial informing the Owner and/or Petitioner as
to what sections of the Code relied upon by the Village in its
request for correction .
20. EFFECTIVE DATE . The effective date of the annexa-
tion of the Subject Property shall be the date upon which the an-
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nexation ordinance is passed and approved by the Corporate Au-
thorities.
21 . EFFECTIVE TERM. This Agreement shall be effective
for a term of ten ( 10) years from the date of execution of this
Agreement by all parties hereto . However, it is agreed that in
the event that the annexation 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.
22. BINDING EFFECT . This Agreement shall bind the
heirs and successors and assigns of the Owner, Petitioner , and
the Village and its Corporate Authorities and successors in of-
fice , and be enforceable by order of court pursuant to the provi-
sions of the statutes made and provided . Nothing herein shall in
any way prevent the 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 and
the new Owner shall be both benefited and bound by the conditions
and restrictions herein and therein expressed .
23 . 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.
24 . NOTICE. All notices and demands shall be sent by
certified or registered mail to the parties as follows :
Parkway Bank and Trust Company, Trustee
Trust No. 7732
c/o John Terzakis
10063 S. 76th Street
Bridgeview , Illinois 60455
Village of Elk Grove
c/o Village Manager
901 Wellington Avenue
Elk Grove Village , Illinois 60007
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IN WITNESS WHEREOF , the Parties hereto have set their
hands and seals this 23rd day of _ September , 1986 ,
the same being done after public hearing, notice and statutory
requirements have been fulfilled .
PARKWAY BANK AND TRUST CO . , AS
TRUSTEE
BY:
ATTEST :
VILLAGE OF ELK GROVE
BY: Charles J . Zettek
Village President
ATTEST: Patricia S. Smith
Village Clerk
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