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HomeMy WebLinkAboutRESOLUTION - 1-72 - 1/4/1972 - PRE ANNEX AGRMT/AMERICAN OIL CORESOIiIpTioiv E0. 1-72 A RESOLUTION ADOPTING A PRE -ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE AMERICAN OIL COMPANY (Standard Station) NOW) THEREFORE, BE IT RESOLVED 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 VillaL,e President be and is hereby authorized to sign the attached document: marked Pre -Annexation Agreement, American Oil Co. (Standard St,a�L)copy of which is attached hereto and made a part hereof as if fully set forth ana. the Vill�:�;e 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 law. PASSED this 4th APPROVED this 4th Attest: Vi ale CJ_erk day of January , 197 2 . day of January , 1972 President:, I/ ( l Stated Oil Station 0&;rO("AI.. Corr PRE -ANNEXATION AGREEMENT STANDARD OIL THIS AGREEMENT, made and entered into this -- Tk day of Zacamaep- , 197 / , between the VILLAGE OF ELK GROVE VILLAGE, a Municipal Corporation of the County of Cook in the State o'f Illinois, hereinafter referred to as the "Village", and the American Oil Company, Standard Oil Division, hereinafter referred to as "Owners". t.TTMVVCermv . WHEREAS, the Owners consist of the record title holders of the real property, which is the subject of the Annexation Agreement and which is shown on the Annexation Plat hereto submitted to the Village and attached hereto as "Exhibit A", 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, there has been submitted to the Village Clerk of said Village, Annexation Petitions executed by the Owners and electors residing upon the said property, which real property is in the unincorporated area of Cook County, but not presently contiguous to the territory of said Village, and WHEREAS, the Corporate Authorities of the Village have considered the annexation of the real property described in said plat as part of an overall plan of community development, and WHEREAS, the Owners propose that the real property legally described on the attached Exhibit A is developed, and WHEREAS, the Village is agreeable to such development, and WHEREAS, all other matters, i_n 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 property for the purposes permitted under B-2 zoning district, as aforesaid, of the zoning ordinance of the Village, and in accordance with the terms and conditions of the Agreement, will in due time 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 of the limits described under the attached Annexation Plat, will promote the sound Standard Oil Station planning and development of the Village and will otherwise enhance and promote the general 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 Petition, as aforesaid, and said Owners are willing to undertake certain obligations as herein set forth, and WHEREAS, the Village of Elk Grove Village is desirous of annexing said property and agreeable to furnish it water facilities, but requires that said annexation be part of a plan of annexation, which incorporates not only the aforementioned property, but other property, which plan of annexation requires first annexing other as well as the aforementioned property, and WHEREAS, it is necessary that pending the working out of other annexations, the aforementioned property be afforded water service from the Village of Elk Grove Village. In consideration of the foregoing, it is agreed by and between the parties as follows: 1. The owners, and/or their heirs and assigns, and the Village of Elk Grove Village will cause the real estate legally described in Exhibit A attached hereto and incorporated herein to be annexed to the Village of Elk Grove Village at such time as the said Village may desire, but in no event later than April 1, 1973, said property hereafter referred to as "The Parcel". 2. The Village of Elk Grove Village will permit the Owners and/or their heirs and assigns of the Parcel, upon payment of Nine Hundred Ninety Nine Dollars and Sixty Seven Cents ($999.67) to tap into existing water facilities of the Village, provided the owners and/or their heirs and assigns cause to be installed at their own expense, any and all dis- tribution mains and other necessary equipment to accomplish the fore- going, including water meters, and provide the Village with all necessary easements for existing and future utility facilities as may be required; all of which to be done in accordance with the directions of the Village Engineer and the Ordinance --sof the Village. -2- Standard Oil Station 3. The Village of Elk Grove Village agrees that upon annexation, • it will rezone the property described in Exhibit A (the Parcel) to the B-2 Business zone (or an equally compatible zoning designation) and that said property shall be subject to all general restrictions of said zoning district presently in effect or to be adopted, except as expressly provided herein. 4. The owners and/or their heirs and assigns of the Parcel agree to be bound by all provisfons of the comprehensive amendment to the Zoning Ordinance of the Village of Elk Grove Village for which there have been public hearings in a case docketed as Docket No. 69-11 before the Plan Commission of said Village except those portions thereof relating to off-street parking and stacking spaces, provided, however, that the Owners, and/or their assigns, shall not be prevented from placing in the Parcel one gasoline filling station and one auto wash facility, which exist at the time of this Annexation Agreement. 5. The Owners of the Parcel., their heirs or assigns, shall at all times: (a) prevent blockage of traffic on adjacent streets and highways by vehicles waiting to use the auto wash or gasoline station facility; (b) prevent and/or control icing conditions on adjacent streets and highways resulting from the auto wash faoility; (c) cooperate in main- taining high standards of fire precautions and house -premise keeping. 6. The owners of the Parcel, their heirs and assigns, shall cause to be executed and recorded with the Recorder of Deeds the restrictive covenants as set forth in Exhibit B attached, which restrictions shall govern the further development of the Parcel, and evidence of filing such restrictive covenants shall be submitted to the Vil'Age as a condition precedent to the Village issuing building permits for the construction of any further improvements on the Parcel. 7. The Owners of the Parcel and/or their heirs, and/or assigns, shall pay to the Village of Elk Grove Villa7e, upon annexation, Four Hundred Ninety Nine Dollars and Eighty Four Cents ($499.84), said sum to be used for traffic regulation and control devices, and/or any municipal purposes. -ti3- I Standard Oil Station 8. 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 hears or assigns in the development of same. 9. In the event that the Owners of the Parcel and/or their heirs and assigns shall refuse annexation at any time in the future, or to be otherwise bound by the provisions of this Agreement, the Village reserves the right to terminate this Agreement and to terminate the use of its water facilities to the properties first described hi -rein; provided, however, that all facilities donated to the Village shall remain the property of the Village. IN WITNESS WHEREOF, the parties have affixed their hands and seals this .2 g 2� day of J-Dr--'CCMQft-72.. , 197 1 OWNERS: American Oil Company Standard Oil Division Attest My Commission Expires 'larch 23, 117'"i 14 - 0 VILLAGE OF ELK GROVE -VILLAGE: Village President Attest: Village Clerk PYNTRTT A to Pre -Annexation Agreement Legal Description for American Oil Company, Standard Oil Division property at southeast corner Oatkon and Busse: That part of the West half of the Northwest quarter of Section 26, Township 41 North, Range 11, East of the Third Principal Meridian r in Cook County, Illinois, lying westerly of the center line of Higgins Road, east of the east line of the 200 foot strip of land conveyed to the County of Cook, by deed recorded January 12, 1939, in the Recorder's Office of Cook County, Illinois, as Document No. 12259408 and north of a straight line drawn from a point on the East line of said 200 foot strip of land which is 210 feet (as measured along the east line of said 200 foot strip of land) south of the North line of said Section 26 to a point in the center line of Higgins Road; said line crossing the Westerly line of said Higgins Road to a point which is 185 feet (as measured along a line parallel with the East line of said 200 foot strip of land) south of the North line of said Section 26: Except a triangular shaped parcel of said tract, bounded and described as follows: Beginning at the intersection of the south line of Oakton Street with the East line of Busse Road; thence East along said South line of Oakton Street a distance of 40 feet to a point; thence Southwesterly along a straight line, a distance of 42.72 feet to a point on said East line of Busse Road, distant 15 feet south of said point of beginning; thence north along said East line of Busse Road to the point of beginning. Also excepting that part of said tract lying northeasterly of a straight line parallel with and distant 50 feet southwesterly of the centerline of Higgins Road. Note: Deed distance of 185 feet measured to a point 33 feet southwesterly of center line of Higgins Road as per Illinois Division of Highways Right -of -Way Plat FA -102, Sec. 22-41-11, Parcel 60, 68L12547.