HomeMy WebLinkAboutRESOLUTION - 147-73 - 12/26/1973 - ANNEX AGRMT/SLOUGH PARKSRESOLUTION NO. 147-73
AN ANNEXATION AGREEMENT ON A 15.8 ACRE PARCEL OF LAND DATED DECEMBER 26,
1973 BETWEEN THE PULLMAN BANK AND TRUST AS TRUSTEE UNDER TRUST NO. 7180971
DATED MAY 21, 1971 SLOUGH PARKS INC., A DELAWARE CORPORATION AND THE VILLAGE
OF ELK GROVE VILLAGE
11OW, THEREFORE, 3E IT :RESOLVED by the President and Eeard 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 doci*.ients narked 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 acccrair,- to
PASSED this 26th day of December , 197 3.
APPRO`F0 this 26th day of
Attest:
Villa�c C1eiL-
December , 197 3
K
ANNEXATION AGREEMENT
This agreement entered into thisa?��day
of December, 1973 by and between Pullman Bank and
Trust Company as Trustee under Trust No. 71-80971,
dated May 21, 1971, hereinafter called "owner", Slough
Parks Incorporated, a Delaware Corporation qualified
to do business in Illinois, hereinafter called "Devel-
oper" and the Village of Elk Grove Village, an Illinois
Municipal Corporation located in Cook County, Illinois,
hereinafter called "Village."
W I T N F. S S E T H:
WHEREAS, Owner is the owner of record of
real property which is the subject of this Annexation
Agreement and v: -hick is shoen 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, contiguous
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
V51EREAS, 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 o.iing Ordinanco; and
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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
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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.
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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
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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 recording.
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 Seven Thousand
Nine Hundred Dollars ($7,900.00)
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 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 $7,900 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.
5. Owner and Developer agree to construct a
water pipe sufficient to bring water to the subject
property for the use thereof for lilAted industrial
purposes as hereinbefore set forth at no cost to the
Village, provided that, owner and developer are able
to develop the said property as aforesaid.
6. 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 "C" and
made a part hereof by this reference, or other evidence
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 Subdivision
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.
Developer and Owner agree that failure to replace.a
letter of credit with another such letter, or bond, or
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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.
7. 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.
S. 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 per-
formance of this agreement.
9. 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 accep-
tance of the same by Owner.
IN WITNESS 1,11HEREOF Pullman Bank and Trust Com-
pany as Trustee under Trust No. 71-80971, dated May 21,
1971, Slough Parks Incorporated and the Village of Elk
Grove Village have caused this instrument to be executed
by their proper officers duly authorize2 to execute the
same the day and year first above written.
I, Johanna Wyckoff , a Notary Public
in and for said County, in the State aforesaid, do
hereby certify that Paul B. Lysik , Assistant Vice
President of the Pullman Bank and Trust Company, a
banking corporation, and D. M. Hard , Assistant
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 Assistant
Vice President and Assistant Secretary respectively,
appeared before me this day in person and acknowledged
that they signed and delivered 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
Assistant Secretary then and there acknowledged that she,
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
her own free and voluntary act and as the free and voluntary
act of said banking corporation, as Trustee as aforesaid, for
the uses and purposes therein set forth.
Given under my hand and notarial seal this 24th day
of December, 1973.
J/,4,'X��A LLL-"'
Notary Public
Exoneration prow sion msiricting
any liability ci POm'n Bank and
Trust Company, attached hereto is OWNER:
expressly made a part hereof,
Pullman Bank and Trust Company
as Trustee under Trust No. 71-80971,
ATTEST: datedy 21, 19 1 g Trustee, and not individually.
J. By
62464- Secretary G OJ-* Vice President
DEVELOPER:
ATTEST: Slough
Parks Incorporated
lotvr v By C/
Secretary 1xice V
sident
VILLAGE:
ATTEST: Villa of ;1� • Village
By
—Clerk
/. ,. -
nt
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
a Notary Public
in and for said County, in the State aforesaid, do
hereby certify that dA;L1er/a,-d Vice
President of the Pullman Bank and Trust Company, a
banking corporation, and -2 a 17 7�0,SfPr , Secretary
of said banking corporation, who are personally known to
me to be the same persons whose names are suscribed on
the foregoing instrument as such Vice President and
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;
This Agreement is signed by Pullman Bank and Trust Company
not individually but solely as Trustee under a certain trust
Agreement known as Trust No. 71-80971 Said Trust Agreement
is hereby made a part hereof and any claims against said Trustee
or any person interested beneficially or otherwise in said property
which may result herefrom, shall be payable only out of any trust
property which may be held thereunder. Any and all personal
liability of the Pullman Bank and Trust Company, or any person
interested beneficially or otherwise in said property is hereby
expressly waived by the parties hereto and their respective
successors and assigns.
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
/fZ�-day of1973.
ary Public
My Commission Expires: _Ll�vn>�i9f6
a Notary Public,
in and for said County, in the State aforesaid, do
hereby certify that J. S. Appleyard, Vice President
of Slough Parks Incorporated, 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
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
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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
1/51;rK day of 1973.
t y Public
My Commission Expires:
I,
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
municipal corporation, for the uses and purposes therein
set forth; and the said Village Clerk then and there
acknowledged that she, as custodian 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
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said municipal corporation, for the uses and purposes
therein set forth.
Given under my hand and notarial seal this
day of , 1973.
Notary Public
My Commission Expires:
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EXHIBIT A
The South East quarter of the South East quarter
(except that part lying North of the center line
of Higgins Road as originally located and except
the West 210.0 feet taken for Commonwealth Edison
Company right of way) all in Section 22, Township
41 North, Range 11 East of the Third Principal
Meridian (except that part taken for Busse Road
per document No 12269603 recorded February 8, 1939
EXCEPTING THEREFROM
That part taken for Oakton Street per document No.
9967968 recorded March 27, 1928
ALSO EXCEPTING
That part for additional dedication for Oakton
Street per case Number 68-L-13901 and 68-L-12783
in the Circuit Court and except that part lying
Northerly of the Southerly line of Higgins Road
ALSO EXCEPTING
That part for Higgins Road dedicated per document
8020342 recorded July 13, 1923 and except that part
taken for the relocation of Higgins Road per case
Number 68-L-12783 in the Circuit Court)
ALSO EXCEPTING
The South 275 feet, (as measured along the West
line of Busse Road) of the East 200 feet, (as
measured along the South line of the South East
1/4,) of that part of the South East 1/4 of Sec-
tion 22, Township 41 North, Range 11 East of the
Third Principal Meridian, lying West of the West
line of Busse Road as per the instrument recor-
ded, February 8, 1939 as document No. 12269603,
all in Cook County, Illinois.
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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.
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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.
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EXElIBIT C
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
(name of bank)
not exceeding a total of $
for a sum or sums
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 notifica-
tion this credit will be reduced by the amount of
and the balance of the credit remaining
after such reduction will be retained until you notify
the bank that the above referenced improvements have been
accepted by the Village and that all guarantee require-
ments 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)
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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 0£ the
Illinois Uniform Commercial Code (I11. 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)