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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. -3- w P 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 '1 d�f`•• yC�IJ � O i s.; o 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).