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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 -a - 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 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 -7 - 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 -10 - 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 -11 - 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: -12 - 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. -I3 - 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- 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) -16 - 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)