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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 - 1- 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- -2- 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 -3- 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 -4- 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- -5- 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 -6- 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 -7-