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HomeMy WebLinkAboutRESOLUTION - 46-84 - 6/12/1984 - ANNEX AGRMT/LAQUINTA MOTOR INNSRESOL TION NO. 46_84 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND LA QUINTA MOTOR INNS, INC. 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 be and is hereby authorized to sign the attached document 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. VOTES: AYES: 6 NAYS: 0 ABSENT: 0 ATTEST: APPROVED: Charles J. Zettek illage President ilafern Snick Acting Village Clerk PASSED this 12th day of June 1984. APPROVED this 12th day of June 1984. 0002/1236 6/1284 ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 12th day of June , 1984, 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"); BILL ANEST, PETER ANEST and First Arlington National Bank of Arlington Heights as Trustee under Trust Agreement dated November 26, 1979 and known as Trust No. A-1123, the owners of the property hereinafter described which is the subject of this Agreement (jointly referred to herein as the "Owner"); and LA QUINTA MOTOR INNS, INC., a Texas corporation, the contract purchaser and proposed developer of certain real estate ("Developer", sometimes referred to herein jointly with the Owner as the Owner -Developer"), the legal description of which is attached hereto as Exhibit "A" ("Proper- ty"), and which Property consists of approximately 4.654 acres and which adjoins, abuts and is contiguous to corporate limits of the Village of Elk Grove Village, Illinois); and WHEREAS, the 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, 1983, Chapter 24); and WHEREAS, the Owner and Developer desire to have the Proper- ty 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 Proper- ty to the Village would further the orderly growth of the 0002/1236 Village, enable the Village to control the development of the area and serve the best interests of the Village; and WHEREAS, pursuant to the provisions of Illinois Revised Statutes, 1983, Chapter 24, Section 11-15. 1-1,et. seg., 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 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, 1983, Chapter 24, Section 11-15.1-1, et seq. 2. PETITION FOR ANNEXATION. The Owner has filed with the Village Clerk a proper petition for the annexation of the Property to the Village of Elk Grove Village, Illinois, express- ly conditioned upon the terms and provisions of the Agreement. The Owner has paid all appropriate fees and deposits. 3. ANNEXATION ORDINANCE. The Corporate Authorities, upon the execution of this Agreement, shall enact within thirty (30) days hereof, an ordinance annexing the Property as shown on the Plat of Annexation attached hereto as Exhibit A. 4. ZONING PER OFFICIAL MAP. The Property, pursuant to Section 2.4 of the Zoning Ordinance of the Village, shall upon annexation be rezoned from the B-1, Business District,to the I-1, Restricted Industrial District, and shall be granted a special use permit authorizing the development of the Property, in substantial conformity with the site plan attached hereto as Exhibit B ("Site Plan") with a motor inn and two restaurants. The I-1 Restricted Industrial District shall hereafter be the zoning -classification ascribed to the Property upon the official map of the Village. E 0002/1236 There have, heretofore, being conducted such public hearings as are necessary to rezone the property to the I-1 zoning classification and grant the special use permit. It is understood and agreed that no additional petition or public hearing or other action need be taken by or on behalf of the Owner -Developer to obtain said I-1 zoning classification and special use permit once the 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 annexa- tion ordinance and rezoning and special use ordinance are passed and approved by the Corporate Authorities. 5. PAYMENT OF FUND. The Owner -Developer agrees to pay the Village the total of $3700.00, for use in connection with the Village's Traffic Signal - Municipal Purpose Fund upon annexation. Payment shall be made in three equal installments over two years: the first payable with execution of this Agreement and the following two on each of the successive anniversaries of the execution of this Agreement. 6. APPROVAL OF SUBDIVISION PLAT AND OTHER ACTION BY THE VILLAGE. Subsequent to the annexation of the Property as aforesaid, the Village shall approve, accept and record a Final Plat of Subdivision of the Property provided such Plat and all other documents required pursuant to the Village's Subdivision Control Ordinance have been prepared by the Owner -Developer and approved by the Village in compliance with the Village's Subdi- vision Control Ordinance and further provided that, at the option of the Developer, such initial plat may be of one or two lots pending resubdivision of same to accommodate the three separate development sites indicated on the Site Plan. Said Plat or Plats shall be substantially in accordance with the Site Plan. 7. 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 Property at any time as may be reasonably necessary for the protection of the public health, welfare and safety by general Ordinance 3 0002/1236 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 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 Property as contemplated by this Agreement 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 connection and 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. 8. WATER AND SANITARY SEWER. For the purpose of provid- ing water and sanitary sewer service to the Property and the buildings to be constructed thereon, the Owner -Developer shall do the following: (1) Connect to two (2) existing Village water mains, one in Midway Court, west of Busse Road, and one on the west side of the Higgins Road south of Oakton, with the cost of the connection to be at the Owner -Developer's expense. Final locations for both water connections to the existing water mains must be approved by the Village Engineer. The Village agrees that the existing water system is adequate to accommodate the normal daily water use of the motor inn and restaurant uses contemplated herein and reflected on the Site Plan. For purposes of this Agreement, the average daily water usage for the motor inn site shall be 7100 gallons per day and for each of the restaurants 5000 gallons per day. The Owner -Developer shall be required to give the Village notice of all poten- tial water users which are estimated to exceed the average daily water usage by 150% in advance of selling or leasing 4 0002/1236 any of the Property. The Village retains the authority to advise the Owner -Developer that those potential water users which will exceed the average daily water use by more than 150% are unacceptable to developer on the Property because such development would place an unacceptable burden on the Village's water system. The connection to the water main in Midway Court west of Busse Road will not be required of the Owner -Developer until the Village of Elk Grove Village officially acquires possession of the main. The Owner -Developer shall connect within 30 days, weather permitting, of receiving notification of Village Ownership Engineering plans for this connection shall be filed of the water main. concurrently with engineering plans for the other improvements required by the Agreement. (2) The Owner -Developer shall provide sanitary sewer service to the Property and the buildings to be constructed thereon pursuant to the site plan by connecting into the 60" Metropolitan Sanitary District Interceptor line which is in the north lane of Oakton Street. The connection to the interceptor line shall be made through the drop manhole located near the southeast point of the Property. Any connection made by the Owner -Developer shall be made in such manner as prescribed and approved by the Village Engineer and other applicable governmental bodies and agencies having jurisdiction. Any connection shall be considered a public improvement and subject to the condi- tions specified in paragraph 9 of this Agreement. The Village agrees and represents that the Metropolitan Sani- tary District 60" interceptor line is adequate to accommo- date the needs of the Property now and when fully developed. 9. PUBLIC IMPROVEMENTS - SECURITY. At the time public improvements are installed and approved by the Village Engineer, the Owner -Developer shall cause a Bill of Sale, one set of mylar as built engineering plans, bill of materials, and a two-year maintenance bond to be submitted to the Village prior to the formal acceptance of said improvement by the President and Board 5 0002/1236 of Trustees for permanent maintenance and ownership by the Village. The Owner -Developer shall be required to give the Village security for the installation 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 of credit drawn on a Chicago area bank with assets in excess of Ten Million Dollars ($10,000,000.00), 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 improve- ments and construction, if said improvements shall be in default for a period of sixty (60) days after written notice thereof by the Village to the Owner -Developer. The security given shall at all times be equal to 110% of the original estimated cost of the public improvements being constructed in the development of the Property, and may be reduced pursuant to Section 8.015 of the Subdivision Control Ordinance. 10. DEVELOPMENT IN GENERAL CONFORMITY WITH SITE PLAN. The Owner -Developer shall cause the Property to be improved in general conformity with the Site Plan upon filing a Final Plat of Subdivision and supporting documents meeting the Subdivision Control Ordinance of the Village, except as otherwise provided herein and as necessarily modified to solve engineering layout and/or design problems not reasonably foreseeable at the time of the execution of this Agreement. Any minor change to accommo- date such problems must be approved by the Village Manager who is authorized hereby to give such approval without prior consent or further action of the Corporate Authorities. 11. PERMIT FEES. The Village agrees to charge the Owner - Developer any such building fees, tap -on charges and similar fees, C1 utility connection fees, as are generally enforced in 0002/1236 the Village and charged to properties similarly developed, and in accordance with its general ordinances applicable at the date that the permit fee is applied for and required. 12. DISPOSITION OF EXISTING BUILDINGS. The Owner -Developer agrees to demolish all substandard buildings on the Property prior to the issuance of any building permits. 13. 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 -Developer. 14. CERTIFICATE OF OCCUPANCY. The Village agrees to issue certificates of occupancy within fifteen (15) days of applica- tion or issue a letter of denial informing the Owner -Developer as to what sections of the Code were relied upon by the Village in its request for correction. 15. EFFECTIVE TERM. This Agreement shall be effective for a term of ten (10) years from the date of its execution. However, it is agreed that in the event that the annexation of any of the 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. 16. BINDING EFFECT. This Agreement shall bind heirs and successors and assigns of the Owner, the Developer, the Village, its Corporate Authorities, successors in office, and be enforce- able by order of Court pursuant to the provisions of the stat- utes made and provided. Nothing herein shall in any way prevent alienation or sale of the 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 benefitted and bound by the conditions and restrictions herein and therein expressed. 17. DETENTION - DRAINAGE DITCHES. The Owner -Developer shall develop the Property in such a manner as to meet all storm water detention requirements of the Metropolitan Sanitary 7 0002/1236 District of Chicago and of the Village. Storm water detention by controlled flooding of the parking lots is an acceptable manner of providing storm water detention. 18. VARIATIONS. The Village acting through its Plan Commission has held public hearings with respect to requested variations of the Zoning Ordinance and other Ordinances of the Village which would be incorporated into the Owner -Developer Special Use Permit. On the recommendation of the Plan Commis- sion, the following variations are hereby granted: (a) A variation of two (2) loading spaces is granted so that only one (1) loading space, located adjacent to the service unit of the motel building, shall be required. (b) Sidewalks as required by the Subdivision Control Ordinance shall be required along Oakton and Busse Road subsequent to and conditioned upon approval and receipt of appropriate Village and State permits. If the Illinois Department of Transportation (IDOT) does not issue such a permit then the Owner shall submit an alternative sidewalk along portions of Oakton and Busse, together with crosswalks and signage for interior pedestrian traffic. If IDOT fails to approve the alternative plan, the owner agrees to submit a second alternative plan which shall include sidewalks at the Oakton-Busse corner and crosswalks and signage for more expanded interior pedestrian traffic. (c). A 2'6" variation of the 20' parking space length dimension shall be granted with respect to paving, for the front yard area provided said 2'6" area shall be replaced by a 2'6" sodded overhang and a concrete curb installed in lieu of wheel stops. (d) Wheel stops and curbing shall not be required for parking spaces at the property line between the motel and the abutting restaurant to the North. (e) A variation of the Zoning Ordinance pertaining to parking in the front yard shall be granted so that the parking as set forth on the site plan attached hereto shall be permitted. 19. SIGNS. A variation to permit a 60' high sign as depicted on the site plan is hereby approved. Any changes or variations in this sign with respect to size or otherwise or variations of the Sign Ordinance with respect to any other sign located on the subject property may be approved by the President and Board of Trustees by motion at a public meeting without the need of a public hearing prior thereto. 20. SPECIAL LOCATION PLAN. The Village hereby approves the Special Location Plan dated May 17, 1984 prepared in accor- dance with and in compliance of Sec. 3.93 of the Zoning [7 • 0002/1236 Ordinance. Any subsequent change in this Special Location Plan may be made by the President and Board of Trustees, upon the request of the Developer, without the need of a public hearing prior thereto. 21. 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 affect the validity of any other provisions hereof. 22. NOTICE. All notices and demands by the Village shall be sent by certified or registered mail to the Developer, La Quinta Motor Inns, Inc., Office of the General Counsel, LaQuinta Plaza, P.O. Box 32064, San Antonio, Texas 78216. 23. TRAFFIC SIGNAL/ROADWAY MODIFICATIONS. Any traffic signal and/or roadway modifications which shall be required by the Illinois Department of Transportation as a condition to installation and use of curb cuts on Oakton and Busse for ingress and egress to the Property shall be erected or con- structed by Owner -Developer at its sole cost and expense. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals this 12th day of June 1984,the same being done after public hearing, notice and stautory requirements having been fulfilled. ATTEST: Ilafern Snick Acting Village Clerk G VILLAGE OF ELK GROVE: By: Charles J. Zettek Village President OWNER: FIRST ARLINGTON NATIONAL BANK OF ARLINGTON HEIGHTS, as Trustee as aforesaid By: , Its: BILL ANEST PETER ANEST 0002/1236 STATE OF ILLINOIS ) SS. COUNTY OF ) I, , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that as of FIRST NATIONAL BANK OF ARLINGTON HEIGHTS AS TRUSTEE UNDER TRUST AGREEMENT DATED NOVEMBER 26, 1979 AND KNOWN AS TRUST NO. A-1123, personally known to me to be the person whose name is subscribed to the foregoing instrument as such of said Trustee, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act and deed of said Trustee, for the uses and pur- poses therein set forth; and then and there acknowledged that he, as custodian of the corporate seal of said Trustee, did affix the said corporate seal of said Trustee, to said instru- ment, as his own free and voluntary act, and as the free and voluntary act and deed of said Trustee, for the uses and pur- poses therein set forth. Given under my hand and Notarial Seal this day of 1984. Notary Public My Commission Expires: 0002/1236 STATE OF ILLINOIS ) SS. COUNTY OF ) I, , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that BILL ANEST and PETER ANEST, personally known to me to be the persons whose name are subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and Notarial Seal this day of 1984. Notary Public My Commission Expires: 0002/1236 STATE OF ILLINOIS ) SS. COUNTY OF I, , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that as of LAQUINTA MOTOR INNS, INC., a Texas corporation, personally known to me to be the person whose name is subscribed to the foregoing instrument as such of said Corporation, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act and deed of said Corporation, for the uses and purposes therein set forth; and then and there acknowledged that he, as custodian of the corporate seal of said Corporation, did affix the said corporate seal of said Corporation to said instrument, as his own free and voluntary act, and as the free and voluntary act and deed of said Corporation, for the uses and purposes therein set forth. Given under my hand and Notarial Seal this day of , 1984. Notary Public My Commission Expires: 0002/1236 STATE OF ILLINOIS ) SS. COUNTY OF _ ) I, , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that as and as of THE VILLAGE OF ELK GROVE VILLAGE, a municipal corporation, personally known to me to be the persons whose name are subscribed to the foregoing instru- ment as such and of said Village, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and deed of said Village, for the uses and pur- poses therein set forth; and then and there acknowledged that they, did affix the corporate seal of said Village to said instrument, as their own free and voluntary act, and as the free and voluntary act and deed of said Village, for the uses and purposes therein set forth. Given under my hand and Notarial Seal this day of . 1984. Notary Public My Commission Expires: EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE SOUTH WEST 1/4 OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMM AT THE SOUTH WEST CORNER OF THE SOUTH WEST 1/4 OF SAID SECTION 23; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTH WEST 1/4 123.70 FEET; THENCE NORTHERLY ALONG A LINE WHICH FORMS AN ANGLE OF 089 DEGREES, 41 MINUTES, 13 SECONDS TO THE LEFT OF THE LAST DESCRIBED COURSE EXTENDED FOR A DISTANCE OF, 78.50 TO A POINT OF BEGINNING; THENCE CONTINUINT NORTHERLY ALONG AN EXTENSION OF THE LAST DESCRIBED COURSE 174.0 FEET; THENCE EASTERLY ALONG A LINE AT RIGHT ANGLES TO THE LAST DSECRIBED COURSE 38.06 FEET (MEASURE 37.81 FEET) TO THE CENTER LINE OF OLD HIGGINS ROAD; THENCE NORTHWESTERLY ALONG SAID CENTER LINE OF OLD HIGGINS ROAD, BEING A LINE 50.0 FEET, MEASURED AT RIGHT eNGLES SOUTHI,'ESTERLY OF_ AND PARALLEL WITH THE SOUTHWESTERLY LINE OF LOTS 2 AND 3 IN GARLAND C. RICHARDSON'S SUBDIVISION OF PART OF THE SOUTH WEST 1/4 OF SECTION 23, AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 7, 1956 AS DOCUMENT 16662336 IN BOOK 475 OF PLATS ON PAGE 22, 129.98 FEET TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF BUSSE ROAD AS WIDENED, BEING A LINE 25.0 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL WITH WEST LINE OF SAID LOT 2 IN GARLAND C. RICHARDSON'S SUBDIVISION, AFORESAID; THENCE NORTH ALONG SAID LAST DESCRIBED LINE 319.39 FEET TO THE NORTH LINE OF SAID LOT 2 IN GARLAND C. RICHARDSON'S SUBDIVISION, AFORESAID; THENCE EAST ALONG SAID LAST DESCRIBED NORTH LINE 65.44 FEET TO THE SOUTHWESTERLY LINE OF THE PERMANENT DRAINAGE EASEMENT KNOWN AS TOLLWAY PARCEL N -7A-33. 1, SAID SOUTHWESTERLY LINE BEING A LINE 50.0 FEET, AS MEASURED AT RIGHT ANGLES SOUTHWESTERLY OF AND PARALLEL WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY; THENCE SOUTHEASTERLY ALONG SAID LAST DESCRIBED LINE 840.05 FEET TO THE NORTH LINE OF OAKTON ST AS WIDENED, BEING A LINE 65.0 FEET, AS MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTH WEST 1/4 OF SAID SECTION 23; THENCE WEST ALONG SAID LAST DESCRIBED PARALLEL LINE 342.21 FEET TO THE SOUI-trESTERLY LINE OF SAID LOT 3 IN GARLAND C. RICHAZDSON'S SUBDIVISION DIVISION, AFORESAID; THENCE NORTHI;ESTERLY ALONG SAID LAST DESCRIBED LINE 17.73 FEET TO AN INTERSECTION WITH A LINE 78.50 FEET, AS MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTH WEST 1/4 OF SAID SECTION 23; THENCE WEST ALONG SAID LAST DESCRIBED PARALLEL LINE 252.29 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.