HomeMy WebLinkAboutRESOLUTION - 18-72 - 3/28/1972 - PRE ANNEX AGRMT/GATZKE PROPERTY• i
RESOLUPIOII I0. 18-72
V
A RESOLUTION ADOPTING A PRE -ANNEXATION AGREEMENT ON THE GATZKE/COMMONWEALTH
EDISON COMPANY PROPERTY
IOW, THEREFORB) 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 VillaEv President- be and is hereby authorizcd to
sign the attached docwncnts marked Pre -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 anti after its passage ani approval according to lair.
PASSED this 28th day of March 1972 .
APPROVED this 9th day of __May 197 2.
President
Attest:
VY11age Clerk
7 /
I�
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this day of
T 1972, between the VILLAGE OF ELK GROVE
VILLAGE, a municipal corporation of the County of Cook, State of
Illinois, hereinafter referred to as the "Village," and EVELYN
GATZKE, MARGARET SHAW and DELORES PHILLIS and ARNOLD LIEBLING
and COMMONWEALTH EDISON COMPANY, hereinafter referred to as
"Owners." and McLENNAN COMPANY, hereinafter referred to as "Developer";
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 Vil-
lage 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
s tatute; and
WHEREAS, there has been submitted to the Village Clerk of said
Village Annexation Petitions executed by the Owners and electors
residing upon said property, which real property is in the unincor-
porated area of Cook County and 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; and
WHEREAS, the Owners propose that the real property legally
described on the attached Exhibit A thereof be developed for pur-
poses in accordance with all Village ordinances, including both the
existing M-1 provisions of the Zoning Ordinance and the comprehen-
sive amendment to the Zoning Ordinance for which there have been
public hearings in a case docketed as Docket 69-11 before the
Plan Commission of said Village.
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 property for the purposes permitted under M-1 zoning district,
as aforesaid, of the Zoning Ordinance of the Village, and in ac-
cordance 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 Vil-
lage 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 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, it is the desire of the Village and the Owners that
the development of the real property proceed as conveniently as may
be, and be subject to the ordinances, codes and regulations, except
as hereafter set forth, of the Village, subject bo the terms and
conditions hereinafter contained.
NOW, THEREFORE, for and in consideration of the mutual
promises and agreements herein contained, the parties hereto
-2-
agree as follows:
ONE: The Village does hereby agree to annex to said
Village the territory described in Exhibit A upon the terms and
conditions set forth in said Agreement.
TWO: The Village agrees to enact and adopt, simultaneously
with the execution of this Agreement, ordinances zoning the real
property which is involved in this Annexation Agreement in accordance
with the preambles hereof and the statements and terms contained
herein and does hereby approve the street plan labeled "Exhibit B'1,1
and attached hereto.
THREE: It is understood that with regard to Parcel 2
of Exhibit A, that the Village shall permit the use thereof for
public utility substations and facilities and transmission and
distribution lines* pipelines, provided said property is not used
for dwelling or industrial purposes.
FOUR: The Owners and Developer shall be responsible for
causing construction of sanitary sewers, enclosed storm sewers,
water mains, sidewalks, streets, curbs and gutters and street lights
between Oakton Street and the centerline of the Commonwealth Edison
Company's right of way in accordance with the street plan of
Exhibit B. All of the engineering shall be with the approval of
the Village Engineer.
FIVE: In lieu of a performance bond for off-site improve-
ments as approved by the Village Attorney, the Owner and developer
may furnish evidence satisfactory to the Village Attorney that the
lending institution financing the development project will irrevoc-
ably guarantee payment for said improvement upon the request of the
Village Engineer,
-3-
SIX: The Owners have submitted and the Village has
approved street plan for the property in substantial accordance
with Exhibit B attached hereto. It is the intention of the Owners
to subdivide the property; to construct the improvements in phases
of construction consistent with the plan set forth above.
SEVEN: The Owners and Developer agree to improve the property
in accordance with Village standards; to dedicate, and the Village
agrees to accept the dedication, of the street and improvements re-
ferred to on Exhibit B, and specifically, that street generally run-
ning north and south between Oakton Street and Perrie Grove Street,
and the public improvements contained therein, at such time as it
complies with Village engineering requirements, including design,
construction and deed of conveyance, as -built engineering drawings and
a two (2) year maintenance bond, and the third lift, as per
Ordinance No._%::5�7. The Owners shall tender dedication of said
improvements within five (5) years of the effective date of this
Agreement. Until dedication and all improvements are accepted, the
Owner agrees to maintain all improvements, including snow and ice
removal.
The Owners, exclusive of Commonwealth Edison Company -and
Developer, agree to extend Perrie Grove Street from the centerline of
the Commonwealth Edison right-of-way to the property line of the
property described herein, in accordance with Village standards and
specifications, at such times as the Village shall request. Failure to
complete upon request shall be grounds for the Village to withhold any
and all permits for any development of the subject property.
EIGHT: The Owners agree to pay upon annexation Four Thousand
Three Hundred Thirty-two Dollars and 60/100 cents ($4,332.60) for
municipal purposes.
-4-
NINE:
The Owners and the Village agree to demolish all
structures on the property prior to an ordinance being passed con-
sistent with this Annexation Agreement.
TEN: The Village agrees that it has approved the plan
on Exhibit B and it shall be effective as the preliminary plan on a
year-to-year basis during said five-year period.
ELEVEN: No ordinance shall be adopted which shall prohibit
a plan of development consistent with the street plan.
TWELVE: The owners of the real estate above described,
their heirs and assigns, shall cause to be executed and recorded with
the Recorder of Deeds, the restrictive covenants as set forth in
Exhibit C attached hereto, 'which Restrictions shall govern the
development of real estate to be zoned M-1, Industrial, above.
THIRTEEN: This agreement shall be of no force and effect
until the ordinances requiring annexation of the subject prgaerty
and rezoning have been duly enacted by the Village.
FOURTEEN: This Agreement shall be enforceable in any
court of competent jurisdiction by any of the parties or by any
appropriate act at law or in equity to secure the performance of
the covenants contained herein.
FIFTEEN: If any provision of this Agreement is held
invalid, such provision shall be deemed to be exercised therefrom
and the invalidity thereof shall not affect any of the other
provisions contained herein.
SIXTEEN: This Annexation Agreement shall be binding
upon the parties hereto, successor owners of record of land which
is subject to this Agreement, lessees and upon any successor
municipal authorities of said Village and successor municipalities
for a period of five (5) years from the date of execution hereof.
-5-
SEVENTEEN: DISCLAIMER,
The Owners referred to as
Commonwealth Edison Company join in this Annexation Agreement solely
for the purpose of annexing the property they own, referred to on
Exhibit A, to the Village and do not join in any of the other
covenants, representations or obligations set forth in this
Agreement.
VILLAGE OF ELK GROVE VI
By f f��!
' \ T
Village si t
ATTEST:
Village Clerk
E 0A 0 d'0_J_'f - -
2z
Evelyn tzke
Margart Shaw
'i COMMO TH EDISON COMPANY
By
'
ATT- Vice -President
K
,.'•. A sistant Secretary
MC LENNAN COMPANY
EXHIBIT "A"
Parcel I
The North half of the North half of: the East half of the Northwest quarter
of Section 27, Township 41 North, Range 11, East of the Third Principal
Meridian, (excepting from said tract that part lying Easterly of a line
described as follows: Beginning at a point on the North line of said Northwest
quarter which is 295.99 feet West of the Northeast corner thereof; thence
Southwesterly along a diagonal line, a distance of 1034.95 feet to a point
on the South line of said North half of the North half of the East half of
the Northwest quarter, which is 250.30 feet East of the Southwest corner
thereof) all in Cook County, Illinois
ALSO, Parcel 2
That part of the Northwest quarter of Section 27, Township 41 North, Range
11, East of the Third Principal Meridian described as follows: Commencing at a ;
point on the North line of the Northwest quarter of said Section 27, 99.0
feet West of the Northeast corner thereof; thence South parallel with the
East line of said Northwest quarter, 109.81 feet to a point on the South-
easterly line of the right-of-way of Commonwealth Edison Company; thence
Southwesterly along said Southeasterly right-of-way line of Commonwealth
Edison Company to a point on the South line of the North quarter of the
East half of said Northwest quarter, 576.26 feet East of the West line of
the North quarter of the East half of said Northwest quarter for a point
of beginning; thence West along said South line of the North quarter of the
East half of said Northwest quarter, a distance of 325.96 feet to the
Northwesterly line of said right -of --way of Commonwealth Edison Company;
thence Northeasterly along said Northwesterly right-of-way line of
Commonwealth Edison Company to a point which is 681.85 feet Southwesterly of
the North line of Oakton Street as measured along said Northwesterly line of
the right-of-way of Commonwealth Edison Company (said North line of Oakton
Street being 50 feet North of, measured at right angles and parallel with
the North line of said North quarter of the East half of the Northwest quarter);
thence South 277.51 feet more or less, to the point of beginning, all in Cook
County, Illinois.
Xmpof/r C
RESTRICTIVE COVLVIANTS
TM ., I''- ..!rPTD Iri A5, .i, FPNX,
This declaration, made this day of
1971, by
hereinafter c+ollactivoly referred to as the *V*clarants"e
121111a6IL19T'iit
the Uoclarants aro the owners of the real property
dezcrk6L*4 in Exhibit 'A' aattmvl; ►4 hereto, incorporetaad by reforaenco
aikL cad* a part hereof as it Fully not forth heroin, hereinafter
rae,agree. to an the "sub3ect prol*rty:` i and is desirous e,4 im,;ecti"
said property to that restrictive coveneats and charge* horettOtter
set fctth, each end all of which is and are for the benefit, of the
a ub�ect property and for the ownwr there4(, and shall inure to the
oenefit of and pass with said property and each OrA every parcel
tharaeot, and *hall apply to and b1n4 the awrtato thereof sad the
sn.:c+essore in interest theeretor
W.,)We TlIZUTORS, the, declawants hereby declare that the aab feet
property, is and shall be held, tr4notoxxv4p **14 arA convogred
su,:: e;* *t to the sontarictions# r ovenants eyed chars herein sot forth.
covanonts are to run with the land and *hall be bimiLng on
all parties *r4 persons claivaEn+j ander then until Twonty-Five (25)
years froze the dote of rocordIng, at which time all the herein cov en-
aaairte-, restrictions and charges: shall wase and be terminated aanJ be
of no iarth er force, and effect, anything herein to the contrary not-
+withstandLaq,
The grantor rotains such righta-of-vay and esaom*nts as wary be
neceerary or convenient for the purpone of erecting* constructingp
maintaining and optrating utility oorvi.ces uneotr and throw: h tho
premi,aes in the designated met back arras between the building lines
and the property lines# including public service wires and conJuits
for lighting, powerr and telephone, gas lines# sanitary sewer. store
&ever and waster, acd the grantor shall have the right to grant
right of way eave;mnts to others to carry oat this purpose. Ally
contract :or the IDyluq of such linea, Wires. conduits. pipes
oc t evars aball also provide haat th* premises shall be sectored
to tun sacs canditton they were in prior to the doing of such work.
Abba ground utility facilsties ere prohibited unless prior approval
ham besa granted to by thf gr4ator and the VL1149e of Alk Gmarar
Village.
l ei building ahall at any tisrt be erected an any portion of the
sut3act property within twenty-five (25) Bret of any street =fight'
or way ads oining 681WO, or wi"La tarn (lli) (set fresa all aide.
ai--d roar boundary lines of the subject property or portion tbsreo;f
It subdivided into lots or parcels.
raftax.vWfAijf
oto loading dock shall be erected on any portion of the %abject
Property fronting on any street, unless the front of much loading
platform obAll be set back at least sixty (6Q) feet from the
property Liao abutting this street on which said loading dock frrnts,
002,
The declarants agree to provide on the subject property or
portion thereof, off *tract autouub.ile parking facilities based
on a mi.nim%= rote of one 300 square loot wpace for each tsars* (3)
employees employed on the subject property or portion thereof by
the original orcup3nts thereof.
k1TLTl�i.B Bx�
All buildings *rec:t*4 on the subject pro;*rty shall be of
masonry construction or its w4taivalent or b*ttrr. $all* of build-
ings facing can streets must be flintehed with face brick, stone#
glaw a, or their equivalent. Any construction other than the above
shall be submittwd to and approved by the grantor.
ABTJCkZ_Bohr.x
Tito declaranto agree thot the area botween the building linos
and the street par"rty limes shall be used for either open land—
scaping ood green areas or for nervi*e access to the buildings or
to a parking loo. Lendscoped areas ahull b* cone attractively with
lawns* treeso shrubs and similar treatment and shall be ptaapsrly
voiatsinvd in a sightly +end veil kept con4i tion.
MICL ErM
Water towers, water tanks, stsndpipes, penthouses, elevators
or elevator equipment, stairways, v4intiinting tsne or similar
a-luiazent reruixed to operate and maintain the building, fire or
parapet walls, skyiightne tanks, coolia3 or other towers, wireless.
radio or television sweets, roof ,signs, flagpoles, chimneys, #:Doke
stacks. gravity flaw stors9v and mixing towers ear similar structures
way not exceed s height of fifty (501) foot f'soo the established
building graft. by the above, ao restrLctioa Le iatended as to
building heights.
'ft3e.
hmcx.f rxre:
btorage yards for egvip+riento raw materials, serxi-finis'2zed or
iinishOd products *hall be say shielded by a fencer shrubs, hcJq*s
or othor foliages as to eeflectivel,y *ares!* the view* of such storage
area Erose the eetra*t.
AMCLE Irl"
The subject property *ball not be used or raintsiaeed as a dumping
ground for rubbish, trash, Qarbago or Other waste. such waste *bell
not be kept except in sanitary contilaeers. All ircinorators or
other equipm*nt for the average or disposal of such seteerial shall be
kept in a clean end sanitary condition.
,»o roar*, tr►all, hedge, or shrubs plant or tree which abstracts
situ lines at olevatione between two aid six teeet 80,01owe the roadway
nhall be placed or permitted to remain In any cornu within tiro
tri6n,rulear arra forted by street property lines and a line connecting
them at points twenty.Five (25) foet "ream th* intersection of the
street lines.
=112M. ==
9_4ch of the foregoing covenantrF, conditions and re•satrtctione
aha l l run with the land and a broach of any of then tray, at * he
option of the declarants or any successors or aassigns, her en7oired,
4b4te4 or reaaedied by appropriate proccedingr. it is unflorntoo-1,
however, thtit t":er breach at any of the forergeing, covencant^v, rcnditions
and restrictions ah. -:ll not defeat or render invalid the lies of any
mortgage on the subject property nada in goad faith and for *slue#
provided, however, that any br*Ar,h or c*nttnuanr.* thereof may be
enaoined. abated or remedied by the proper procefedings# and provided,
further, that all of the foregofiinq covenants, conditioas anti restric-
tions &bail rstaain is full force and effect against the swb)ect property
or any part thereel, title to which to obtained by foreclosure of any
auch mortgage.
AMCLE XIII
These coveneints ahnll not be riloaaad except with the
concert of the Village of Elk Crave Village, an ovidettme. by ars
appropriate resolution by the corporate nothoyrities thereof.
Iii :rj.'I: : a w4i;R ory the Doclarsato have caused tbese proseato
to La execatedg tb*ir *tale o flixed, the day and year first
above wri ttoo.
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