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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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.