HomeMy WebLinkAboutRESOLUTION - 23-78 - 4/11/1978 - ANNEX AGRMT/LANCER CORPRESOLUTION NO. 23-78
A RESOLUTION AUTHORIZING A PRE -ANNEXATION AGREEMENT (LANCER)
NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees
of the Village of Elk Grove Village, Illinois, Counties of Cook and DuPage,
as follows:
Section 1. That the Pre -Annexation Agreement, a copy of which is
attached, relating to the annexation of property known as the Lancer property
and referred more specifically therein is hereby approved and the Village
President and the Village Clerk are authorized to execute same and the
Village Clerk is authorized to record same with the Recorder of Deeds of
Cook County, Illinois.
Section 2. That this resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED this
Ilth
day
of
April
, 1978,
APPROVED this
Ilth
day
of
April
, 1978,
VOTES: AYES: 5
NAYS: 0
ABSENT: 1
Charles J. Zettek
Village President
ATTEST:'
Eleanor r. Turn r
Village Clerk
RECEIVED
LIAR :. 8 .1 "78
YIlL16E CLEM MICE
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 11th day of
April , 1978, 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 (herein-
after referred to as "the VILLAGE") by and through its President
and Board of Trustees (hereinafter referred to collectively as
"the Corporate Authorities"), and JOHN F. PALUMBO AND ESTHER A.
PALUMBO, his wife, and LANCER CORPORATION, an Illinois Corporation
(hereinafter referred to as "the OWNERS"),
W I T N E S S E T H•
WHEREAS JOHN F. PALUMBO AND ESTHER A. PALUMBO, his wife, are
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 thirty-four (34) acres and is
hereinafter referred to as "the subject property") and which
real estate adjoins, abuts and is contiguous to corporate limits
of the Village of Elk Grove Village, Illinois; and
WHEREAS JOHN F. PALUMBO AND ESTHER A. PALUMBO, his wife,
have entered into a certain contract dated the 27th day of
Mardi , 19 78, to sell the subject property to LANCER
CORPORATION; 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
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Municipal Code (Illinois Revised Statutes, 1973, 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 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, 1973, 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, library 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:
K,
1. STATUTORY AUTHORITY. This Agreement is made pursuant to
and in accordance with the provisions of Illinois Revised Statutes,
1973, Chapter 24, Section 11-15.1-1, et seq.
2. PETITION FOR ANNEXATION. The OWNERS of record 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 this 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 subject property to the VILLAGE.
4. ZONING PER OFFICIAL MAP. The subject property, pursuant
to Section 2.4 of the Zoning Ordinance of the VILLAGE, shall upon
annexation be classified automatically as R-3 Residential district,
which is the zoning classification ascribed to Cha subject property
upon the official map of the VILLAGE. It is understood and agreed
that no petition or public hearing or other action need be taken
by or on behalf of OWNERS to obtain said R-3 zoning classification,
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 ordinance is passed
and approved by the Corporate Authorities.
5. DONATION OF LAND. The OWNERS agree-- to donate 3.4 acres
of land, exclusive of streets, easements and water courses and
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wet or dry retention basins, to the VILLAGE for use as Public
Land. In addition, OWNERS agree to donate to the VILLAGE approxi-
mately 1.60 acres for dry retention. Said land, together with
a deed and a Plat of Survey, shall be delivered to the VILLAGE
within 90 days of annexation.
6. PAYMENT TO FUND. The OWNERS agree to pay the VILLAGE
the sum of $17,000.00 for use in connection with the Village's
Traffic Signal -Municipal Purpose Fund. Said sum shall be paid'
as follows: $5,666.66 upon annexation and $5,666.67 annually
thereafter until said full sum is paid.
7. APPROVAL OF SUBDIVISION PLAT AND OTHER ACTIONS BY VILLAGE.
Upon the annexation of the subject property as aforesaid, the
VILLAGE shall approve,' accept and record a Final Plat of Sub-
division covering the entire 34 acre parcel, and the Plat shall
be prepared by the OWNERS in compliance with the VILLAGE'S
Subdivision Control Ordinance. Said Plat shall be substantially
in accordance with the preliminary Plat attached hereto as
Exhibit "B", made a part hereof and incorporated herein by
reference.
8. WATER. For the purpose of providing water to the
subject property and the buildings to be located thereon, the
OWNERS shall be permitted to connect to the existing VILLAGE
water mains located in the vicinity of Cindy -Lane and Meacham
Road along the West side of the subject property and in Roosa
Lane on the east side of the subject property.
Lancer Corporation agrees to extend its connection
at Cindy Lane and Meacham Road to the subject property by
installing a twelve inch (12") water main to Roosa and Meacham,
Road.
9. SANT-ARY =,;Ea. The OWNERS will provide sanitary sewer
service to the subject property and the buildings to be constructed
thereon, by connection into the existing Centex lift station
located along Nerge Road approximately 1,200 feet west of Meacham
Road. The VILLAGE agrees that the Centex lift station, force
main and trunk sewer to the Metropolitan sanitary District
treatment plant at Upper Salt Creek is adequate to accomodate the
needs of the subject property now and when fully developed.
OYN ERS shall provide the VILLAGE with written receipt or approval
from Centex to connect to the Centex's sanitary sewer system.
10. ORDINANCES 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
protection of the public health, welfare and safety, by general
ordinance Amendments applicable to the development of all 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 execution of this Agreement, it will'not amend its
Zoning Ordinance or other ordinances in such a manner as prohibit
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the use of the subject 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 construction
and development of the subject property, shall not be increased
for a period of ten (10) years as applied to the subject property,
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.
11. DEVELOPMENT IN GENERAL CONFORMITY WITH PRELIMINARY
PLAT OF SUBDIVISION. The OWNERS shall cause the subject property
to be improved in general conformity with the preliminary Plat
of Subdivision. The Final Plat of Subdivision and supporting
documents shall meet 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 engineering change must be approved by the
Village Engineer.
12. MAXIMUM RATE OF CONSTRUCTION OF DWELLING UNITS. Not-
withstanding anything in this agreement to the contrary, it is
understood and agreed that OWNERS shall be limited to a maximum
of fifty-five (55) single family dwelling units completed and
0
occupied in each 12 month period beginning the 11th day of
April , 1978. In the event that OWNERS do not
complete said maximum of fifty-five (55) dwelling units in
any such 12 month p:riod, OWNERS shall have the right to
accumulate any unused portion of said fifty-five (55) units and
add them to the ma:.i;:n:m number of completed units OWNERS may
choose to complete in any succeeding 12 month period.
It is further understood and agreed that the limitations
of completed and occupied dwelling units contained in this
paragraph shall apply only for that period of time during which
the VILLAGE in its judgment determines from time to time that
a critical water shortage exists in the VILLAGE and that it
must restrict the use and occupancy of new dwelling units within
the VILLAGE in order to preserve a reasonable amount of water
supply to dwelling units existing on the 11th day of ApSil
1978. When any such critical water supply shortage,
shall cease, the limitations of this paragraph shall be considered
suspended and of no force and effect, until and unless the
VILLAGE in its judgment again determines the existence of another
critical water supply shortage, at which time the provisions
of this paragraph shall again become effective,
The VILLAGE agrees that it will not issue building permits,
issue occupancy certificates or otherwise approve the construction
of any more residential dwelling units for any other property
after the execution of this agreement which
.4yould have the effect
of lessening the existing or then current VILLAGE water supply
7
to the point where the OWNERS would be unable to adequately supply water
to the OWNERS units already under construction, completed or permitted by
virtue of this Paragraph 12, the intention being that an adequate water
supply to the subject property and the units to be constructed thereon
will be protected by the VILLAGE against future development just as the
.provisions of this Paragraph seek to protect water supply to existing re-
sidences with the VILLAGE.
13. USE OF FARM BUILDINGS. Village agrees to permit OWNERS to use
the farm house presently on the subject property, including necessary rights
of ingress and egress thereto, for a period not to exceed two years from
the date of this Agreement. The farm house shall be used by OWNERS for a
sales and construction office. Said house shall be inspected by the Village
Building Department and the Fire Department and the owners shall bring the
structure into compliance with the prescribed sections of the Village code
concerning life, safety and health as defined by the two said Village de-
partments. OWNERS agree to relocate the sales office into one of their model
homes as soon as feasible. All other structures located on the subject pro-
perty shall be removed within four months of the date that this agreement is
enacted.
14. PERMIT FEES. The VILLAGE agrees to issue permits and 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 applicable at the date that the permit fee is applied for,
and required.
El
15. STOP ORDERS. Tile VILLAGE will issue no stop order
directing wort: stoppage in the building or parts of the project
without detailing the section of the Village Code or portion
thereof of this Agreement of the Plan violated by the OWNERS.
16. 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.
17. RECAPTURE AGREEMENTS WITH OWNERS. In the event that
the OWNERS are required to extend or oversize any water main,
sewer or other public improvement beyond that which is required
to serve their parcel only, and which extension or oversizing
will serve properties not within the VILLAGE other than the
parcel of the OWNERS, the VILLAGE agrees to enter into a recapture
agreement with the OWNERS wherein that portion of the cost of
said public improvement not attributable solely to the OWNERS'
parcel would be recoverable by said OWNERS from such other
properties benefited over a period not to exceed fifteen (15)
years, and wherein the VILLAGE would agree to require payment
of such proportionate share by each such property owner as a
condition of annexation and payable prior to making the first
connection to such public improvements.
18. RIGHT OF DISCONNECTION AS A REMEDY. The parties agree
that the remedies available to the OWNERS, for damages, in the
event of a breach of this Agreement by the VILLAGE are inadequate,
6i
and that the OWNERS shall have (in addition to all other rights
and remedies including damages), the right to disconnect the
subject property, or any portion thereof, from the VILLAGE.
Upon such petition for disconnection, the VILLAGE shall enact
such ordinances as may be required to effectuate such disconnection.
19. 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 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.
20. BINDING EFFECT. This Agreement shall bind heirs and
successors and assigns of the OWNERS, the VILLAGE, its Corporate
Authorities, 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
OWNERS shall be both benefited and bound by the conditions and
restrictions herein and therein. expressed.
21, SEPARABILITY. It is understood that in the event any
provisions of this Agreement shall be deemed invalid, then the
invalidity of said provision shall not affect the validity of any
other provisions hereof.
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22. PU3LIC IMPROVE?IENTS - SECURITY, At the time such
public improvements are installed and approved by the Village
Engineer, the owner shall cause a Bill of Sale, one set of mylar
1 - wilt enc,,incering 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.
The owner 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 $10 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 be in default for a period of sixty (60) days
after written notice thereof by the Village to the owner. The
security given shall at all times be equal to the original
estimated cost of the improvements being constructed in the
development.
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Nothing in this Agreement shall be construed as restricting
Lancer Corporation's option, if it so desires, to undertake
installation of its public improvements in two stages. If Lancer
Corporation so elects, it may satisfy the provisions of this
Paragraph 22 by furnishing the required security for each
stage prior to undertaking construction thereof.
The Village Engineer must approve the designation of the
areas with respect to each separate stage of development
including the initial streets and public utilities which will
be included in the first stage. After completion of the second
stage of development, LANCER CORPORATION shall provide a 2 year
maintenance bond for all public improvements including the first
and second stages of development.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals this llthday of April , 1978, the
same being done after public hearing, notice and statutory
requirements having been fulfilled.
JOHN F. PALUMBO ESTHER A. PALUMBO
ATTEST:
Secretary
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LANCER CORPORATION, an Illinois
Corporation
By.
Its President
LEGAL DESCRIPTION
The Southeast quarter of the Southwest quarter of Section 36, Township 41
North, Range 10, East of the Third Principal Meridian, (Except therefrom
that part lying South of a line described as; Beginning at the intersection
of the North line of Devon Avenue and the East line of the Southeast quarter
of the Southwest quarter of Section 36 aforesaid; thence Westerly along the
North line of Devon Avenue 497.77 feet; thence Northwesterly along a line
forming an angle of 240 05' 04" to the right of the last described line
extended 290.04 feet; thence Northwesterly along a line forming an angle of
120 49' 24" to the right of the last described line extended 191.18 feet; thence
Northwesterly along a line forming an angle of 100 18' 48" to the right of the
last described line extended 477.33 feet; thence Northwesterly along a line
forming an angle of 420 00' 09" to the right of the last described line extended
145.34 feet; thence Northwesterly along a line forming an angle of 830 09' 09"
to the left of the last described line extended, to the West line of the South-
east quarter of the Southwest quarter of Section 36 aforesaid) in Cook County,
Illinois.
EXHIBIT "A''