HomeMy WebLinkAboutRESOLUTION - 127-73 - 11/27/1973 - PRE ANNEX AGRMT/MANAVES KOTSIOSRESOLUTION NO. /�Z
NOW, THEREFORZ, BE IT RESOLVED by the President and Board
of Trustees of the Village of Elk Grove Village, Counties of Cook
and UuPage, I.11-inois, as follows:
Section l: That the Village President be and is hereby
authorized to sign the attached documents entitled, "PRE -ANNEXA-
TIOIN AGTIZE iET.T BETWEEN PARAWAY BANK, TRUSTEE UNDER TRUST NO, 1951,
MATTHEW AND PENELOPE MANAVES, AND WILLIAM AND TASIA KOTSIOS AND
THE VILLAGE OF ELK GROVE VILLAGE", a copy Of which is attached
hereto and made a part hereof as if fully set forth, anc the Vi.11ag+=
Clerk is authorized to attest said documents upon the signature
of the Village President.
Section 2: That this Resolution shall be in fuli force
and effect from and after its passage and approval, according to
law.
PASSED this f./— day of November' 1973.
APPROVED this �7r`'day of NoveI4,es ^, 1913.
Vote: Ayes 7 _
Nays 0
ALsent 0
Villa, P�repident
C�
ATTEST:
PRE -ANNEXATION AGREEMENT
BETWEEN
PARKWAY BANK, TRUSTEE UNDER TRUST NO.
�..,
1.".. 1951, MATTHEW AND PENELOPE MANAVES,
�— —---------- AND WILLIAM AND TASIA KOTSIOS AND THE
VILLAGE OF ELK GROVE VILLAGE
WHEREAS, PARKWAY BANK AND TRUST COMPANY, AS TRUSTEE UNDER TRUST
NB 'TnUATLE AND NOT INJIVIL [: A LLY
NO, 1951, and MATTHEW and PENELOPE MANAVES, and WILLIAM and TASIA
KOTSIOS, are the owners of real estate legally described on Exhibit
A, attached hereto, which real estate constitutes approximately one
acre, more or less; and
WHEREAS, said parties hereinafter referred to as "OWNERS", are
desirous of annexing the aforementioned property to the Village of
Elk Grove Village and obtaining water and sewer service from said
Village; and
WHEREAS, said real estate is contiguous to the Village of Elk
Grove Village, is without the Village limits of any other municipal
corporation, and is otherwise eligible to be annexed to the Village
of Elk Grove Village; and
WHEREAS, the Village of Elk Grove Village is desirous of
annexing the said property and agreeable to furnish it with water
and sewer; and
WHEREAS, the Owners, and/or their heirs and assigns are
t
desirous of annexing to the Village of Elk Grove Village and in
securing a specific zoning classification of B'), for the
construction and operation of a 157 seat restaurant serving;
both food and liquor to the general public;
IN CONSIDERATION OF THE FOREGOING, it is agreed by and
between the parties, that:
1. The Owners and/or their heirs and assigns:
A. May tap into the existing water and sewer main
facilities of the Village,
B. Cause to be installed at their own expense any and
all distribution mains and other necessary equip-
ment to accomplish the foregoing, and donate said
distribution mains and equipment to the Village
free and clear of encumbrance, together with
any and all necessary easements as may be required;
all of which to be done in accordance with the
directions of the Village Engineer and the ordinances
of the Village;
C. Will, upon annexation to the Village of Elk Grove
Village, pav $1,300.00 as its full share of the
pro -rata cost of a sanitary sewer line installed
pursuant to a recapture provision included in an
Agreement approved by Resolution 35-66, adopted
June 7, 1966, by the President and Board of Trustees
of the Village of Elk Grove Village;
D. Will dedicate to the Village 33 feet of land for
the right of way of a public street located along the
southern edge of their property; and
E, Nothing contained herein shall in any way prevent
the Village of Elk Grove Village from instituting and
-Levying a special assessment against the property so
that the property will pay its pro -rata share of the
design and improvement of the public street along the
southern property line of the property with curb,
gutter, storm water drainage, base paving and sidewalks.
-2-
P. The Owners, their heirs and assigns, agree to
develop the property hereto described in Exhibit
A, attached hereto, in full accordance with the
Village zoning, subdivision, building and related
codes and the requirements existing at such time
as the property is developed in full or in part,
and to provide parking in accordance with Exhibit
B, attached, which exhibit is an architectural
plan, prepared by Edward Koster, dated July 20,
1973, which exhibit is attached hereto and made
a part hereof.
2. The Village of Elk Grove Village agrees that upon
annexation:
A. It will rezone the property legally described on
Exhibit A to the B-;, Business zone, and that said
property shall be subject to all general ;-estrictions
of said zoning district presently in effect;
B. Will permit the construction of a 157 seat restaurant
intended to serve food and beverages, including
liquor, to the general public;
C. Will, subject to approval by other governmental
agencies, allow the erection of one multi -faced
free standing ground sign advertising the restaurant,
providing: the sign is .not a hazard to nearby
traffic; the top of the sign is not higher than 25
feet above the curb line; the bottom is not closer
to the ground than 15 feet; the sign is not longer/
wider than 3.0 feet; and, the sign may be illumina'c,d,
but not animated nor moving.
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3. The Owners shall pay to the Village of Elk Grove
Village the sum of $500.00 for municipal purposes at time olf
annexation.
4. This agreement shall be binding not only upon the parties
hereto, but upon their heirs, successors and assigns, and shall be
deemed a burden running with the land, continuously obligating the
owners and/or their heirs and assigns in the development of same.
5. In the event that the Owners and/or their heirs and
assigns shall refuse annexation, or to be otherwise bound by the
p rovisions of this Agreement, the Village reserves the right to
terminate this Agreement and to ter.inate the use of its water and
sewer facilities to the property first described herein on
Exhibit A and that all facilities shall remain the property of the
Village.
IN WITNESS WHEREOF, the parties hereto have affixed their
hands and seals this 27th day of November
ATTEST:
Village Clerk
b e�ue � �Q Jos
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d�f`•• yC�IJ
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1973.
OWNERS
Matthe Mannaaves -�
Penne/lyop-e� Manaves
William KI tsics�;
Tasia Kotsios
dss znua= rl:n ::or
PARh14:SY BANK AND TRUST COMPANY, TRUSTEE
UNDER TRUST NO„ 1951
EXHIBIT
Legal Description
Commencinq_ at the North,:nst corner of Suction 35, Tc':.nship 41 North,
Range II, East of the Third Principal N,eridiani, running thence South
in center of road SY links + (35.31 feK ), thence South 68 degrees
West along North line of School lot 3.46 chains = (228.36 feet) to
center of road; thence North 41 degrees `lest along center of road
3.Ojr chairs = (201.63 feet); thence iVcn'th 6'3 degrees East 5.64 0ains
= (372.24 feet) to East line of Sectio. 26, in center of road; thence
South 2.55 chains = (170,26 feet) to place of beginning (Except that
part lying North of Center line of Touhy Avenue).