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HomeMy WebLinkAboutRESOLUTION - 146-73 - 12/26/1973 - ANNEX ARGMT/SLOUGH PARKSRESOLUTION NO. 146-73 AN ANNEXATION AGREEMENT ON A 25.0 ACRE PARCEL OF LAND DATED DECEMBER 26, 1973 BETWEEN THE HARRIS TRUST AND SAVINGS BANK AS TRUSTEE UNDER TRUST NO. 32669 DATED MARCH 3, 1967, SLOUGH PARKS, INC., A DELAWARE CORPORATION AND THE VILLAGE OF ELK GROVE VILLAGE rOW, TIER FORE, BE IT PWSOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1. That the Village President be and is hereby authorized to sign the attached documents marked Annexation Agreement , a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2. That this resolution shall be in full force and effect from and after its passage and approval according to las:. PASSED this 26th APPROVED this 26th day of December , .1973 . day of December l97 3 Attest: ANNEXATION AGREEMENT This agreement entered into this �aay of .f 1973 by and between Harris Trust and Savings Bank as Trustee under Trust No. 32669, dated March 3, 1967, hereinafter called "Owner", Slough Parks Incorporated, a Delaware Corporation qualified to do business in Illinois, hereinafter called "Developer" and the village of Elk Grove Village, an Illinois Muni- cipal Corporation located in Cook County, Illinois, hereinafter called "Village." W I T N E S S E T H: WHEREAS, owner is the owner of record of real property which is the subject of this Annexation Agreement and which is shown on the Annexation Plat herein submitted to the Village, labelled "Exhibit A" which is attached hereto and made a part hereof by this reference; which property is located in the unin- corporated portion of Cook County, Illinois , conti- guous to Elk Grove.Village; and, WHEREAS, the Corporate Authorities of said Village have duly fixed a time for and held a public hearing upon this Annexation Agreement and have given notice of said hearing, all as provided by statute; and WHEREAS, Owner and Developer propose that the real property legally described on the attached Exhibit A hereof, be developed for purposes in accordance with all Village ordinances, especially the existing I-1 pro- visions of the Zoning Ordinance; and -2 - WHEREAS, the Village is agreeable to such development in such manner; and WHEREAS, all other matters, in addition to those specifically referred to above, which are included by this Annexation Agreement have been considered by the parties hereto, and the development of said pro- perty for the purposes permitted under the I-1 Limited In- dustrial zoning district, as aforesaid, of the Zoning Ordinance of the Village, and in accordance with the terms and conditions of this Agreement, will inure to the benefit and improvement of the Village in that it will increase the taxable value of the real property within its corporate limits, will extend the corporate limits and the jurisdiction of said Village to the limits described under the attached Annexation Plan, will promote the sound planning and development of the Village and will otherwise enhance and promote the gen- eral welfare of the people of the Village; and WHEREAS, in reliance upon this Agreement by the Village and the performance by the Village of the undertaking hereinafter set forth to be performed by it, there has been submitted the said Annexation Peti- tion, as aforesaid, which petition is expressly contingent upon the zoning of the subject property in the I-1 Limited industrial classification, and said owners are willing to undertake certain obligations as herein set forth; and WHEREAS, in reliance upon the development of said property in the manner proposed, Owner and Developer -3 - have executed all petitions and other documents that are necessary to accomplish the annexation of said territory to Village; and WHEREAS, it is the desire of the Village and the Owner and Developer that the development of the real property proceed as conveniently as may be. and be sub- ject to the ordinances, codes and regulations, except as hereafter set forth, of the Village, subject to the terms and conditions hereinafter contained; NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements as hereinafter set forth, the parties hereto agree as follows: 1. Owner and Developer shall contemporaneously with the execution of this Agreement file with the Village Clerk of the Village a duly executed petition pursuant -.to and in accordance with the provisions of Section 7-1-8 of Chapter 24 of the Illinois Revised Statutes (1971) to annex to Village the hereinafter described property, and the Village hereby agrees to adopt an ordinance annexing the afore- said property to the Village upon the terms and condi- tions set forth in this agreement. It is expressly understood and agreed, however, that the aforesaid peti- tion for annexation has been submitted by the owner and Developer in reliance upon the representation of the Vil- lage hereinafter set forth. It is further understood and agreed that this agreement in its entirety together with the aforesaid petition for annexation shall be null, void and of no force and effect unless such properties are so zoned and classified, and the Village otherwise performs the co- venants and agreements it has undertaken to perform in this Agreement. -4- 2. Village acknowledges and agrees that simultaneously with the adoption of the aforesaid ordinance annexing the hereinafter described property, the real property which is subject to this annexation agreement will be automatically and without further action of Village classified in and subject to the terms and conditions of the I-1 Limited Industrial District of the Village of Elk Grove Village Zoning Ordinance, in accordance with Section 2.4 of the afore- said zoning ordinance. Village finds the aforesaid classification to be a reasonable classification which will serve the health, safety and welfare of its resi- dents and inure to the benefit of the Village by in- creasing the taxable value of its real property, ex- tending its corporate limits, and promoting the sound planning and development thereof. Village further warrants and represents that it has held all public hearings re- quired by law to be held for the purpose of zoning and classifying the subject property as aforesaid. 3. owner and Developer, acting individually or in concert or by and through its or their assignees, successors and interests, and such other corporations, firms, joint ventures or legal entities as may be re- quired, shall cause the hereinabove described property to be developed in accordance with the terms and con- ditions of the I-1 Limited Industrial Classification the Standards for Development labelled Exhibit B and at- tached hereto and made a part hereof by this reference, and such other pertinent provisions of the Zoning Ordin- nance of the Village as are then applicable and in accor- dance with the general ordinances of the Village, except -5 - as otherwise agreed herein. It is agreed by Owner and Developer that the Village shall not be required to approve any plans of development, plats of subdivision or to issue any building permits for improvements to be allowed on the hereinabove described property until the Owner and Devel- oper cause to be properly recorded with the Cook County Recorder of Deeds a Declaration of Restrictive Covenants which Declaration shall run with the land of the restricted development of the hereinabove described property and shall contain the standards and limitations set forth on Exhibit B hereto. The expiration date for such restrictive coven- ants shall be not less than 25 years from date of record- ing. 4. Owner and Developer agree to pay the following fees and contributions to the Village in and for the following amounts and purposes: (a) To defray the costs to the Village of annexing the subject property the sum of Five Hundred Dollars ($500.00) receipt of which is hereby acknowledged by Village. (b) To defray the costs of erecting traffic control devices and for municipal purposes generally, the sum of Five Hundred Dollars ($500.00) per acre for a total of Twelve Thousand Five Hundred Dollars ($12,500.00) payable as follows: one-fifth upon the passing of an ordinance annexing the subject property to the Village, and ME the balance in four equal annual in- stallments the first of which shall be due and payable on or before December 15, 1974, succeeding installments to be due on December 15th each year thereafter until such sum of $12,500.00 shall be paid in full. (c) To defray the costs of constructing a water pipe to service the subject property, which pipe has already been constructed by the Village on pursuant to a resolution number 126-73 which resolution, labelled Exhibit C is attached hereto and made a part hereof by this reference the sum of One Thousand Three Hundred Dollars ($1,300.00) per acre for a total of Thirty Two Thousand Five Hun- dred Dollars ($32,500.00) payable as follows: one-fifth upon the passing of an ordinance annexing the subject property to the Village, and the balance in four equal annual installments, the first of which shall be due and payable on or before December 15, 1974, succeeding installments to be due on December 15th each year thereafter until such sum of $32,500.00 shall be paid in full. Village represents that the aforementioned fees and con- tributions are and shall be the only fees and contribu- tions which shall be charged to owner and developer as a condition of annexation to the Village. -7- 5. In lieu of any bond, cash or escrow de- posits provided for in the subdivision regulations, the Village agrees that the Owner and Developer at their election may furnish to the Village irrevocable letters of credit in the form attached hereto as Exhibit "D" and made a part hereof by this reference, or other evi- dence that adequate funds have been set aside at a sound and reputable banking or financial institution approved by the Village Manager and authorized to do business in the State of Illinois in an amount equal to the bond amounts and cash deposits otherwise required by the Sub- division Ordinance as determined by the Village Engineer, such irrevocable letters of credit to be in effect for the length of time required by the Subdivision Ordinance. De- veloper and Owner agree that failure to replace a letter of credit with another such letter, or bond, or cash, or escrow deposit, at least 10 days prior to its terminal date shall make it immediately due and payable to the Village for the purposes for which originally given. 6. This Agreement shall be binding on the Owner and Developer, their successors and assigns, and upon suc- cessor corporate authorities of the Village and successor municipalities for a period of five years from the date hereof. 7. It is further agreed that either Party to this agreement either in law or in equity, by suit, action, mandamus or other proceeding, may enforce or compel the performance of this agreement. B. It is further agreed that this agreement may be amended by the mutual consent of the Parties hereto by the adoption of an ordinance in accordance with law by Village amending the terms of this agreement and the ac- ceptance of the same by Owner. Excr.c:.:'ion provlsi^n rc�+rbiin7 Scvic E, st -,: d cn the re vci�zCiC�' c;c:.;,.c mrz:by cxpressly made a p,r: har: of. IN WITNESS WHEREOF Harris Trust and Savings Bank as Trustee under Trust No. 32669, dated March 3, 1967, Slough Parks Incorporated and the Village of Elk Grove Village have caused this instrument to be executed by their proper officers duly authorized to execute the same the day and year first above written. ATTEST: Se e ary ATTEST: Secretary ATTEST: Village erk LT STATE OF ILLINOIS ) SS. COUNTY OF COOK ) OWNER: Harris Trust and Savings Bank as Trustee under Trust No. 32669, dated March 3, 1967. sifd notnot, By I Vice President DEVELOPER: Slough Parks Incorporated 0 VILLAGE: MM .- //! /�7� _ V I Sally M. Bukowski , a Notary Public, in and for said County, in the State aforesaid, do hereby cartify that QI'zIA4-0v Vice v President of the Harris Trust and Savings Bank, a banking corporation, and J1,tj3 J.PERNER w" Secretary of said banking corporation, who are personally known to me to be the same persons whose names are subscribed on the foregoing instrument as such Vice President and It Is expressly understood and agreed by and between the parties hereto, anything herein to the contrary not withstanding, that each and all of the representations, covenants, undertakings and agreements herein made on the part of the Trustee while in form purporting to be the representations, covenants, undertakings and agreements of said Trustee are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings and agreements by the Trustee or for the purpose or with the intension of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically J: scribed herein, and thisinstrument Is executed and delivered by said Trustee not in its own right, but solely to the exercise of the powers con°erred 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 Harris Trust and Savings Bank or any of the beneficiaries under said Trust Agreement, on account of this Instrument or on account of any representation, covenant, undertaking os agreement of the said Trustee in this instrumentcontained,eitherexpressedos implied,all such personal liability, if any, being expressly waived and released, Secretary respectively, appeared before .me this day in person and acknowledged that they signed and de- livered the said instrument as their own free and voluntary acts, and as the free and voluntary act of said banking corporation, as Trustee as aforesaid, for the uses and purposes therein set forth; and the said Secretary then and there acknowledged that he, as custodian of the corporate seal of said banking corporation signed and delivered the said instrument and caused the corporate seal of said corporation to be affixed thereto as his own free and voluntary act and as the free and voluntary act of said banking cor- poration, as Trustee as aforesaid, for the uses and purposes therein set forth. Given under my hand and notarial seal this 116L�t day of 1973. -Ccs /tea � dotary Public My Commission Expires: lu� a Notary Public, in and for said County, in the State aforesaid, do hereby certify that J. S. Appleyard, Vice President of Slough Parks Incorponated, a business corporation, and Ian Foster, Secretary of said business corporation, who are personally known to me to be the same persons whose names are subscribed on the foregoing instrument as such Vice President and Secretary respectively, appeared before me this day in person and acknowledged 5to that they signed and delivered the said.instrument as their own free and voluntary acts, and as the free and voluntary act of said business corporation, for the uses and purposes therein set forth; and the said Secretary then and there acknowledged that he, as cus- todian of the corporate seal of said business corpora- tion signed and delivered the said instrument and caused the corporate seal of said corporation to be affixed thereto as his own free and voluntary act and as the free and voluntary act of said business cor- poration, for the uses and purposes therein set forth. Given under my hand and notarial seal this -6±"cday of 1973. No Public My Commission Expires: a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Charles J. Zetter, President of the Village of Elk Grove Village, a municipal cor- poration, and Eleanor G. Turner, Village Clerk of said municipal corporation, who are personally known to me to be the same persons whose names are subscribed on the foregoing instrument as such President and Vil- lage Clerk respectively, appeared before me this day in person and acknowledged that they signed and deli- vered the said instrument as their own free and vol- untary acts, and as the free and voluntary act of said -11 - municipal corporation, for the uses and purposes therein set forth; and the said Village Clerk then and there acknowledged that she, as custol an of the corporate seal of said municipal corporation signed and delivered the said instrument and caused the corporate seal of said corporation to be affixed thereto as her own free and voluntary act and as the free and voluntary act of said municipal corporation, for the uses and purposes therein set forth. Given under my hand and notarial seal this a 2� day of 1973 . Notary Puiglic My commission Expires: Oo J .2s; 1y7X -12 - EXHIBIT A The South 920.24 feet, as measured along the East line of a 200.0 foot strip of land con- veyed to the County of Cook by Deed recorded January 12, 1939 as Document No. 12259408, of that part of the West 1/2 of the Northwest 1/4 of Section 26, Township 41 North, Range 11 East of the 3rd Principal Meridian lying Southerly and Westerly of the center line of Higgins Road, East of the East line of said 200.0 foot strip of land and lying Northerly of a line drawn at right angles to the East line of said 200 foot strip of land, 1,957.80 feet South, as measured along the East line of said 200 foot strip of land, of the North line of the Northwest 1/4 of said Section 26, excepting therefrom the East 30.0 feet, measured at right angles to the East line thereof, in Cook County, Illinois. -13 - EXHIBIT B Standards for Development Owner and Developer are owners of the real pro- perty described in Exhibit "A" attached hereto, incorpor- ated by reference and made a part hereof as if fully set forth herein, hereinafter referred to as the "subject pro- perty"; and declares the following to be the minimum stan- dards for development of the subject property, and shall apply to and bind the owners thereof and the successors in interest thereto: 1. All buildings erected on the property shall be of masonry construction or its equivalent or better. Front walls facing on streets of such buildings must be finished with face brick, stone, modern metal paneling, glass or their equivalent. 2. Owner and Developer agree that the area be- tween the building lines and the street property lines shall be used for either open landscaped and green areas or for service access to the building, or to a parking lot. Land- scaped areas shall be done attractively with lawns, trees, shrubs and similar treatment and shall be properly main tained in a sightly and well -kept condition. 3. water towers, water tanks, standpipes, pent- houses, elevators or elevator equipment, stairways, venil- ating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, tanks, cooling or other towers, wireless, radio or tele- vision masts, roof signs, flag poles, chimneys, smoke stacks, gravity flow storage and mixing towers or similar structures may exceed a height of fifty (50) feet from the established building grades only with the approval of the Village. By the above, no restriction is intended as to building heights. 4. If any part of the subject property is conveyed, Owner and Developer shall retain such rights-of-way and ease- ments as may be necessary or convenient for the purpose of erecting, constructing, maintaining and operating utility ser- vices over, across, under and through the premises in the de- signated setback areas between the building lines and the property lines, including public service wires and conduits for lighting, power and telephone, gas lines, sanitary sewer, storm sewer and water, and Owner and Developer shall have the right to grant right-of-way easements to others to carry out this purpose. Any contract for the laying of such lines, wires, conduits, pipes or sewers shall also provide that the premises shall be restored to the same condition they were in prior to the doing of such work. 5. The premises shall not be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary con- dition. -14- 6. A breach of any one of the foregoing standards and a continuance thereof may, at the option of owner and Developer, their successors or assigns, be enjoined, abated or remedied by appropriate proceedings. It is understood, however, that the breach of any of the foregoing covenants, conditions and restrictions shall not defeat or render in- valid the lien of any mortgage on the premises made in good faith and for value; provided, however, that any breach or continuance thereof may be enjoined, abated or remedied by the proper proceedings as aforesaid; and provided further that each and all of the foregoing covenants, conditions and restrictions shall at all times remain in full force and ef- fect against said premises or any part thereof, title to which is obtained by foreclosure of any such mortgage. -15— EXHIBIT C Resolution 126.-773 A Resolution Establishing the Water Connection Charge to be Paid as a Condition of Annexation by Certain Properties Lying East of Busse Road, South and 61est of the Northwest Tollroad and North of Lendl Bier Road WHEREAS the orderly development of a portion of the Village of Elk Grove Village could best be served by the extension of a Grater supply line by the Village under a planned financing and recapture program, and WHEREAS_ on February 2, 1970, the President and Board of Trustees authorized the implementation of a construction program to install a twelve -inch (12") water transmission and supply main along the east side of Busse Road between Landmeier Road and a point 210 feet south of Oakton Street, thence east to the easterly side of Higgins Road, thence to a point 400 feet north of Oakton Street and along the easterly side of Higgins Road to a point approximately 1,600' south of Oakton Street, and WHEREAS the foregoing water transmission and supply line will serve and benefit the following parcels of property: REAL ESTATE TAX P,U,"BER ACREAGE 08-26-300-002 21.75 08-26-300-001 17.00 08-26-100-006 17.2 08-26-100-007 25.2 08-26-100-008 9.0001 08-26-100-009 5.0001 08-26-700-004 .4061 08-26-100-010 .59 08-23-300-015 3.322 08-23-300-010 .63 08-26-101-004 1.275 08-26-101-007 .763 08-2.6-101-003 2.854 08-26-101-009 2.415 08-26-102-002 1.00 NOW, THEREFORE, BE IT RESOLVED that the above menti..ned parcels of property shall, as a condition Cf annexe..tien, pay to the Village of Elk Grove Village the sum of $1,300.00 per gross acre as its prorata share of the heretofore mentioned water transmission and supply line. BE IT FURTHER RESOLVED that a copy of this Resolution be mailed to the last Town property tax payer of each parcel above mentioned. Tk PASSED this i J day of �V,'-,nvE,-2,1973 APPROVED this 1 SM day of %JP.�v.?�X' _Z_ 1973 ATTEST; TIMWO PI;ESI Efr'T Ti, ii ni�� rTrnv _ MW:M EXHIBIT D Name of Bank Date Village of Elk Grove Village Elk Grove Village, Illinois Dear Sir: We hereby open our IRREVOCABLE LETTER OF CREDIT in your favor available by your drafts at sight on for a sum or sums (name of bank) not exceeding a total of $ for the account of regarding the com- (name of owner or subdivider) pletion of the following public improvements: [here de- scribe public improvements covered by this letter of credit and refer to the specific engineering plans approved by the Village of Elk Grove Village for same] in the following described property: [here insert legal description, project area, or map designation]. You will notify the bank when the above improve- ments are completed, and upon receipt of such notification this credit will be reduced by the amount of $ and the balance of the credit remaining after such reduc- tion will be retained until you notify the bank that the above referenced improvements have been accepted by the Village and that all guarantee requirements imposed by the ordinances of the Village have been fulfilled. Each draft hereunder must bear upon its face "Drawn Under Letter of Credit No. , dated of the , (name of bank) (address of bank) -17 - The amount of any draft drawn under this credit must, con- currently with negotiation, be endorsed on the reverse side hereof and the presentment of any such draft shall be a warranty by the negotiating bank that such endorsement has been made and that documents have been forwarded as herein required. Except so far as otherwise expressly stated herein, this credit is subject to Article 5 of the Illinois Uniform Commercial Code (Ill. Rev. Stat., Ch. 26, §§ 5-101. through 5-117, inclusive) and to the "Uniform Customs and Practice for Documentary Credit (1962 Revision), International Chamber of Commerce, brochure No. 222," except to the extent that said Uniform Customs and Practice are in conflict with said Article 5. We hereby agree with the drawers, endor- sers, and bona fide holders of drafts drawn hereunder and in compliance with the terms of this credit that the same shall be duly honored on due presentation and delivery of documents specified herein, if negotiated on or before (date for completion) Yours very truly, NAME OF BANK By (authorized signature)