Loading...
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 1 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 3 11 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 5 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. 10 0 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. 11 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 12 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''