HomeMy WebLinkAboutRESOLUTION - 32-75 - 4/22/1975 - AGRMT/DEBRUYNE ANNEX0
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A .
this 22nd
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.'I: i' A LIt:G_°0.. `J�7'TJ:'�,L 11M< , S
1
TRUST:... U2,DE,.
T,"UST
_7O. ..-243 (Dr
i;u1'i AG.1-d3L:_ETTT)
I'MEREAS, it .is deemed to the best interest of the Village
that some 20 acres of property oo:ned b, the First Arlington National
Bank under Trust No. A-2.43 be annexed to 'the Village pursuant to
ter.
^.•s set, forth in a certain Annerutio n Ag-rc_e^ent between the par`_ies
as of date hereof, and
WHEREAS, the parties have reached accord as to the terms and
conditions of said Annexation, and
19FIEREAS, all statutory requirements for public hearings have
been fully complied with and all necessary parties notified.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DUPace, Illinois, as follo:as:
Section 1: That: the Villace president and Village Clerk are
hereby authorized to execute the annexation. Agreement by and
between the Village of Elk Grove Village and the First Arlington
National Bank as Trustee under Trust No. A-243, a copy of which
Agreement, marked Exhibit A
hereof as fully set fort::.
is attached hereto and made a part
Section 2: That this Resolution shall be in full force and
effect from and after its passage and appro,7al according to law.
PISSED
this 22nd
dal, of
Apri 1
1975.
APPROVT,D
this-22nr'
day of
April
-, 1975.
V0T2:
AYFs 6
?7AYS
0
ABSENT 0
t,.TTEST:
—dIi,., t ' ;
substantial i.mprovemcnto, the assessed valuation of N;!Z:i_ch said
real estate would be such as to yield substantial increased
property taxes to the Village.
(d) The development of the subject property in the
Village would increase the amount of motor fuel tax funds ar_d
Illinois income tax funds allocated to the Village by virtue
of the laws of the State of Illinois.
(e) The development of the subject property in the
Village would promote the sound planning and development of
the Village by insuring that development will take place in
accordance with the zoning ordinance amendments approved by the
corporate authorities pursuant to this agreement.
(f) The Village would extend its zoning regulations
and master street plan over the subject property, thereby
protecting the Village from possible undesirable or inharmonious
use and development of the unincorporated area and providing for
the orderly flow of traffic throughout the Village.
(g) The development of the subject property in accordance
with this agreement will guarantee high standards of construction
and development.
(h) The requisite notice has heretofore been served
upon the appropriate Fire Protection District.
(i) The requisite notice has heretofore been served
upon the Schaumburg Township Library District_.
(j) The parties hereto desire to enter into an annexation
agreement pursuant to the provisions of Division 15.1 of the
Illinois Municipal Code of 1961 (1ll. Rev. Stat. 1969, Ch. 24,
Sec. 11-15.1-1, et seq.).
(k) Pursuant to the provisions of said statute,
the President and Board of Trustees of the Village have duly
fixed a time for and held a hearing upon this Annexation Agreement,
and have given notice of said hearing, all as provided by
Statute.
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(1) The Village Plan Commission (sitting as a Zoning
Commission) has heretofore held hearings pursuant to notice
as required by law on the question of zoning the subject property
to the zoning district classifications hereinafter set forth upon
annexation to the Village as indicated on the Plan (Exhibit A).
(m) The Oc,ner has heretofore filed with the Village
Clerk a duly executed petition for the annexation of the subject
property, together with that portion of the public highway known
as Meacham Road which lies West of and adjacent to the subject
property, which territory is in the unincorporated area of
Cook County, but is contiguous to the Village and which annexation
petition by its terms is contingent upon the execution of this
Annexation Agreement.
(n) The corporate authorities of the Village have
considered the annexation and development of the subject property
and have determined that the best interests of the Village require
that the subject property be annexed to the Village and developed
in accordance with the provisions of this Agreement.
(o) It is the desire of the Village and the Owner that
the development of the subject property proceed as conveniently
as may be, and be subject to the ordinances, codes and regulations
of the Village now in force and effect, except as modified herein,
and further subject to the terms and conditions hereinafter set
forth.
NOW, THEREFORE, for and in cons}deration of the mutual
promises and agreements herein contained, the parties hereto agree
as follows:
1. The Owner will, concurrently with the signingof
this Agreement by the Village, file a petition, in the form
required under the provisions of Section 7-1-8 of the Illinois
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0
Municipal Code, for the annexation of the :u`;ject property to the
Village, together with an Annexation Plat in t -he form required by
law.
2. If the subject terri.tory is not already within a Park
District, the Owner agrees to petition for annexation of the subject
property to the Elk Grove Park District upon written request therefor.
within thirty days of annexation to the ViIiage
3. The Owner agrees"to dedicate to the Village for road
purposes:
(a) The South 50 feet of the subject property (Biesterfield
Road). The Owner agrees to pave with asphalt and otherwise improve
the North half (not to exceed 20 feet including curb) of Biesterfield
Road from the east line of Meacham to the west line of Home, in
accordance with the existing street pavement standards set forth in
Section 8 of the Village Subdivision Ordinance, at such time as the
Owner applies for the forty-first (41st) townhouse building permit, or
two (2) years after the date hereof, whichever first occurs.
(b) A strip of lard 60 feet wide, the center line of which
will be the prolongation of the center line of Home Avenue as shotrn
on the Plat of Subdivision of Winston Grove Section 21, dated April 29,
1974 (and recorded August 22, 1974) prepared by Gremley & Biedermann, and
(c) The west 60 feet of the subject property (Heacham Road)
The Owner shall have no responsibility for improving
Home Avenue or any portion of Biesterfield Road which lies east of
the west line of proposed Home Avenue, or any portion of :Beacham Road.
4. The parties agree that a1lSconstruction of buildings on the
subject property shall be in compliance with the BOCA Building Code and
other standard codes adopted by the Village.
5. The Owner agrees that all public improvements shall
be constructed in compliance with the applicable provisions of the
Village Subdivision Ordinance. The Owner shall provide permanent
casements as required for utilities, drainage and fire lanes. The
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Owner slunll donat:c, by Bill of Sale, wit`. actual as -built cn,li_neerins
dra7:rings, the public improvements designated on the plan (Exhibit A),
and provide a 2 -year maintenance bond to provide funds for repair,
replacement of defective material or worl_r..anship, The Village shall
riot unreasonably refuse to accept such improvements and release bonds
or letters of credit which guaranty completion.
6. The Village hereby agrees to enact an Ordinance in
the form required by law annexing the subject property upon the
terms and conditions set forth in this Agreement.
7. The Village agrees to enact simultaneously with the
execution of this agreement, an Ordinance or Ordinances reclassifying
and rezoning the west 350 feet (measured from the east line of
Meacham Road, as dedicated pursuant to this Agreement) of the subject
property B-3 Automotive Oriented Business District and reclassifying
and rezoning the balance of the subject property A-2 Residence District
(but not to exceed 80 dwelling units), or to such alternate zoning
district classifications as shall permit such west 350 (net) feet of
the subject property to be used for those purposes set forth in the
Village "B-3 Automotive Oriented Business District" regulations
excluding mobile home or trailer sales, rental and/or servicing
and specifically including one autos:obile service station to be
located on the Northeast corner of Meacham and Biesterfield
Roads and to such alternate zoning district classification as
shall be required to permit the balance of the subject property
to be developed with eighty (80) to;•mhouse nits, of which not more
than 80% shall contain three (3) bedrooms.
8. It is the understanding of the parties that the
necessary Ordinances will be enacted i=.iediately upon the
execution of this Agreement.
9. It is the agreement of the parties that the
provisions of this Annexation Agreement shall supersede the pro-
visions of anv Village Ordinances which may be in conflict
with the provisions of said Agreement.
Qr19
10. If the 0 --mer chooses to sul,�'.ivi_dc the suhject
property, the O-,.ner may submit fro:; tire to tic:e prelir„inary
and fir -1 plats .of subdi%,L- ion -nd resubdivision of portions of
the subject property. If such plats comply ,.ith the Village
Subdivision Ordinance, the Village shall approve such plats within
60 days after filing.
11. The Village agrees that any approval of a preliminary
plat s:_all be effective for a period of three (3) years from the
date of its approval withoiit the necessity of the Owner renewing
such preliminary Plat on a year-to-year basis during said three
year period.
12. In lieu of any bonds or guarantees required for
public improvements under the Ord'ranc.es of the Village, the Owner
at its election, may furnish to the Village an irrevocable letter of
credit issued by a banking or other financial institution authorized
to do business in the State of Illinois, having assets of at least
$50,000,000.00 for this purpose, or other security mutually agreed
upon, in an amount equal to the amount of such bonds or guarantees
required. Said irrevocable letter of credit or other security shall be
in an amount required to guaranty completion of all public improvements
for the entire development. The letters of credit or other security
shall be in effect for the time required for bonds or other guarantees
under the Ordinances of the Village and shall be red -aced in amount as
work progresses, but in no event shall the letter of credit be
less than 125`/, of the value of uncompleted work.
13. The Village reserves the right to amend its 'Zoning
and Subdivision Ordinances, 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
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no such Ordinance shall be di_scri.mLnatory in its offect upon th.
developu;ent of the subject property. The Village agrees that for
a period of ten (10) years from thea date of execution of this A`reement,
it will not amend its Zoning Ordinance in such a manner as prohibit
the use of the subject property in the manner set forth in paragraph
7, above.
It is specifically agreed that the fees required for building
permits, plan review, inspection fees and any other regulatory faes
or other fees or charges having to do with the construction and develop-
ment of the subject property, shall not be increased for a period
of ten (10) years as applied to the subjectproperty, except as part
of an overall increase in such fees which affects the development
of allproper.ty in the Village, adopted to meet the increased cost
to the Village of providing suchservices.
14. The Village agrees to waive all requirements for the
dedication of streets, except Biesterfield Road, Home Avenue and
Heacham Road, at the request of the Owner in connection with the
development of the subject property. Those streets shall be dedicated
as shown on the Plan (Exhibit A). Any additional streets reasonably
required for the development of the subject property shall be constructed
in accordance with the Village Subdivision Ordinance.
15. The Owner shall have the right to connect each business
and townhouse unit to the Village sanitary sewer, storm sewer and
water systems without payment of connection or "tap -on" fees, recapture
or similar charges.
16. The Village shall cause to be constructed by other
developers within two (2) years after the date of this Agreement,
the following improvements:
A. A storm sewer line in that part of Biesterfield Road
lying east of Home Avenue adequate to handle surface water from that
portion of the subject property lying West of Home Avenue, if developed
according to paragraph 7 hereof.
B. A 12 -inch water main in flome Avenue and that part of
Biesterfield Road lying East of Home Avenue.
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C. All street ir.,proverer.ts required, under the Villa -c-,
S,;bdi-ision Ordinance, illludi.t<<; bit not limited to, street lights,
street signs and all required 1-andsccp.g, in Home Avenue and that
Dart of Biesterfleld Road lying East of Horse Avenue; provided,
however, that the 0 -.-mer shall remain responsible for the installation
of any sidewalks, street lights, landscaping and street signs required
under the present Village Subdivision. Ordinarce, but. not required by
the Village to be installed by Centex at this time.
17. In the event that connections to the Village Sanitary Sewe
System are limited by the 1.etropolitan Sanitary District of Greater
Chicago ("1ISD") or the Illinois or U.S. Environmental Protection Agencies
("EPA"), the Village agrees to assist the Owner secure the consent of
Centex to allow Owner's business and townhouse units to be connected to
the Village system on an equitable basis with other developers. The
Oun ers shall not be required to install oversized sanitary sewer, storm
sewer or water service lines, except through a recapture agreement
entered into by the Village and the Owner before said improvements are
installed.
18. The Owner shall not be required to pay any so called
"recapture" fees or charges for the right or privilege of connecting
to or using improvements installed by the Village or private developers
which benefit the subject property.
19. The Owner shall provide storm water detention areas
adequate in size to serve the subject property pursuant to the
requirements of the Village and the Tletrapolitan Sanitary District
in the general area designated on "the plan" (Exhibit A).
20. In addition to public street right-of-way deductions,
the Owner agrees to donate to the Village an area of land equal to
ter. (10%) per cent of the land area of the subject property not of
public roads, for public land purposes, upon execution of this
Agreement, said amount to be not less than 1.52 acres.
21. The Ovaier agrees to donate to the Village $7,600.00 for
the "14anicipal Purpose -Traffic Signal Fund" at rhe time application is
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made for the. building, perm:(: for the forty -.First (41st) unit, or
two (7.) years from date of this Agreement, whichever occurs first.
22, This Agreetuent may be amended from time to time with
the consent of the parties pursuant to the Statute in such case
made and provided and each amendment shall in itself be effective
for a period of ten (10) years from the date of said amendment.
23. This Agreement shall be enforceable in any Court of
competent jurisdiction by any of the parties or by any apprcpria�:s
action at law or in equity to secure the performance of the covenants
herein contained,
24. In addition to the remedies herein provided, the Omer
may elect to disconnect the property it owns within the Village upon
substantial breach of this Agreement by the Village. To effectuate
such disconnection, the Village agrees to adopt necessary Ordinances
disconnecting the property upon the filing of a disconnection petition
in the form provided by Statute.
25. If any provision of this Agreement is held to be invalid
by any Court of competent jurisdiction, such provision shall be
deemed to be excised therefrom and the invalidity thereof shall
not affect any of the other provisions contained herein.
IN tidITNESS WEEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
VILLAGE OF ELF: GROVE VILLAGE,
a Munleilya1 Corporat'0'�'.
Attest: Al / t..d� L-c/By:
ViTlage-Clerk C ✓ age r e
APPROVED by Resolution of the President and Board of Trustees
of the Village of Elk Grove Village, this rAday of 1974.
FIRST ARLINGTON NATIONAL BANK,
a National Banking Association,
Arlington Heights, Illinois, as
Trustee under Trust Agreecent.
dated June 7, 1972 and knovan as
Trust Number A-243 and subject to aL!.ached
[% form 52.
Attest:: �.[,.,�� 1i.{/4 'e By:
Vice Presidnet Trust Off.ice�'
It is expressly understood and agreed by and between the parties
hereto, anything herein to tha contrary nota'_thstanding, that each
and all 0.1 the warranties, indam-m ties, rep +sentations, covenants,
undertaking3 and agrapnarta harein made on the part o£ the Trustee
while in form purporting to be the warranties, indemnities, repre-
sentations) covenanta, undartakings and agreements of said Trustee
are:navazthaless each and every one of them, made and intended not
as personal warranties, indemnities, representations, covenants,
undertakin;3 and agreements by the Trustee or for the purpose or
With the intention of binding said Trustee personally but are made
and intended for the purpose of binding only that portion of the
trust pre)ety specifically described herein, and this instrument is
executed and delivered by said Trustee not in its own right, but Miely
in the exercise of the powers conferred upon it as such Trustee;
and that no personal liability or personal responsibility is assumed
by nor shall at any time be asserted or enforceable against the
First Arlington National Fan)c or any of the beneficiaries under said
Trust Agreement, on account of this instrument or on account of
any warranty, indemnity, represantatior covenant undertaking
or
agreement of the said Trustee in this instrument contained, either
expressed or implied, all such personal liability, if any, being ex-
pressly waived and released.
Form 52