HomeMy WebLinkAboutRESOLUTION - 23-72 - 4/4/1972 - PRE ANNEX AGRMT/HECK PROPERTYRESOLUTION NO. �2.3- 7X
A RESOLUTION AUTHORIZING AN AGREEMENT TO
ANNEX THE HECK PROPERTY
NOW, THEREFORE, BE IT RFSOLVED, by the President and Board
of Trustees of the Village of Elk Grove Village, as follows:
Section 1•
That the Village President be and is hereby authorized to
sign the attached agreement, a copy of which is attached hereto
and made a part hereof, as .i -f' fully set forth herein, and the
Village Clerk is authorized tic attest said document upon the
signature of the Village PreEident.
Section 2: That this resolution shall be in full force and
effect from and after its passage. and approval., according to law.
PASSED this '` day of ! �_ , 19
APPROVED this day of i _ 19�
Villa ge President
ATTEST:
.Village Clerk
pt2T;-n1�7T41?Xi1TTni� f�lGi�F;I?1�;1?1`'�h
HECK P11OF )Z7'Y
WHEREAS, FRED C. HECK and EMILY W. HECK, his N-,Yife, as joint
tenants, are the owners in fee sii-rplc to real estate legally described
on Exhibit A attached hereto, vah.ich real estate constitutes approximately
13.2 acres, more or less; and
1,91E,REAS, said FLED C. HECK and TINILY W. HECK, his wife, herein-
after referred to as "Owners," are desirous of annexing the aforementioned
property to the Village of Elk Grove Village and obtai.niny, water and sewc-r
service from said Village; and
WHERE�.S, said real estate is contiguous to the Village of Elk
Grove Village, is without the Vil age limits of any otllc°r municipal
corpor,�tion, and is otherv:7ise clic;able to be annexed to the V:i..'!Aag4 0
El. k. Gr.ovc. Vi -Mage; and
WIIEI:E[`:S, the Village of F-;1_': GCc��7c ,7 _. ge :i c es.irot..s of an) -le --
ing the said pre -)party, and agr_eeaj-,1(to furnish it with eater and sewer
fac.i_lit_ics, but requires that saki annexetion be part of a plan of annexa-
tion, w1)i.ch incorporates not only tl?e afo2-.c'r:1(.'}ationcd propertyj),-t other
property, which plan of annexation requires the filing of a petition -i-n
Circuit Court of Cook County, annexing other= as well as the afor_emer.tioncd.
property simultaneously; and
WY,EREAs, it is i-p-ce:ssary that pending the working out of the
plan of annexation, the aforementioned property be afforded water and
sewer service from the Village of Elk Crove Village.
In consideration of the foregoing, it is agreed by and betv.een
the parties, as follows:
l .
"Phe Owners, and/or their heir i and as,igns, and the Vil.l:age
Of El.}; Grove Village ".7ill cause t11�, do �c-ribed rez11 est-te to he
��nn�'YC'Cl to tli' UJ_llage of. 1,11%, ("roe(_ Villi (Je alt: such t:J11'' as S )iLi
VJ l.l.;)C ( j,1: 7 6 ::;_i .CC, } i.it .1!1 110 (-V":I7t: l
2. The Village of: Elk Grove Village will permit the Owners
and/or their heirs and assigns, to tap into the existing water and .sewer
main 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 foregoing,
and donate said distribution mains and equipment to the Village free and
clear of encumbrance, together with any and all necessary easements as may
be required; all of which to be done in accordance with the directions of -
the Village Engineer and the Ordinances of the Village. The Village of Elk
Grove Village agrees that upon annexation, it will rezone the hereinafter
described property to the 13--1 Business zone, and that said property sha 11 ?;c;
subject to all general restrictions of said zoning district presently in
effect or to be adopted, except as expressly provided herein.
That part of the West 1/2 of the Northwest 1/4 of
Section 36, Township 41 I;orth, Range 11, Last of
the ThiM Principal 1` e di_ (except e
50.0 feet: thereof) described as follows: BEGINNING
at the point of intersection of the North line of the
Northwest 1/4 of said Section 36 with the West line
of the Easterly 50.0 feet of said West half of the
Northwest 1/4 of said Section 36; thence West along
the north line of the Northwest 1/4 of said Section 36
to a point 176.25 feet East of the West line of the
Northwest 1/4 of said Section 36; thence South
parallel to the Nest Line of said Northwest 1/4 of
said Section 36, 369.60 feet to the North line of
Higgins Road; thence Easterly along the Northerly
line of Biggins Road to a point, 376.25 feet bast
of the West 1_ine of said Northwest 1/4 of Section
36; thence North parallel to said West line of the
Northwest 1/4 of Section 36 to a point. 299.63 feet
South of the North line of said Northwest 1/4 of
Section 36; thence Last parallel to the North line
of said Northwest 1/4 of Section 36 to the West
line of the Easterly 50.0 feet of said West half
of the Northwest 1/4 of Section 36; thence North
299.63 feet to the place of beginning, (except that
portion of said premise_; previously dedicated or
now used for Touhy Avenue.)
3. The Village of Elk Grove Village does further agree to
rezone the hereinafter described property to the 01-1 District upon annexa-
tion, and the said property :_hall he sula oct to all the general re"tric-
t: . (vu; o l: ' sa idGoldng d]. ,`_; 1. riot: i -:3'C' 'antl y in c f fc:'.c L or to he o0upt en,
except as expressly provided herein.
That part of the West 1/2 of the North-west 1/4 of
Section 36, Toanship 41 ]north, Range 11 Fast of
the `1'hii:d Principal rlcricl_i.an (except the Easterly
50.0 feet thereof) described as follows: BFGI!UTING
at the point of il-1terSC'CI:io?i Of tl-IC, Nori.h line of the
Nor.thv,,c,st 1/4 of said Section 36 \ai th the West line
of the Easterly 50.0 feet. of sa i cl 1�Iest: 1/2 of the
Northvx-,st 1/4 of said Sccti.on 36; thence South along
said I%ost line of the I;a: terly 50.0 feet of raid
West. 1/2 of the Northves-t 1/4, 29;9.63 feet for a
point of beginning, thence Hest, pzlrallel to the
North line of said I7or_th.:est l..// of Section 36 to
a point 376.2.5 feet East of the West line of said
Northwest 1/4 of Section 36; thence South, parallel
to said West line of the Northwest 1/4 of Section 36
to the North line of HicrcA ns Road; thence Easterly
along. the North lino of Higgins Rozad to said 1^Iest
line of the Eact:erly 50.0 facet; thence north along
the I est line of the FFj�;terly 50.0 feet of said
West 1/2 of the North%-.,e.L 1/4 of Sccti_on 36, to the
place of begin ging.
4.. The Owners, and/or their heirs and assign--, ao,rc'.e to he
bo�lnci by all provisions of the co)r�-)rehensive amend_ce.nt to the Zoning
Ord:in:mcc of the Villacte of Elk Grove Village for \%Al i.ch there, have been
pub_f ic hearings in a case docketed as Doclket No. 6( -)--ll, IJefore the Plan
Cornrni::,sion of :,ai_d Villacje; provi.d:�d, however, that in the area designated
as 13-1 above, the Owners, and/or their heirs and assigns, shDII not be
vented from placing in said area zoned B-1 one gasoline filling station
and one motel. restaurant operation, which areas are to be designated at
the time of annexation.
5. The Owner_", their -heirs and assigns, agree to develop the
property heretofore described ira Exhibit A, attached hereto, in full
accordance with the Village's subdivision, building and related codes, and
requirements existing at such time as the property is developed in full_ or
in part.
6. The pwncrs, their heirs and a., -;signs, agree to remo,.,re prior
to zanne.:ration any and all structures and s=igns vhich are not in accord:nc.c
J
\J1 -til V1_llage' orCtlnanC(-s relilt.'._ve to he,i1_th, \-aelfar<' and safety, and
--3_
To be Zoned B-1
That part of the West of the Northwest Y of Section 36, Township 41
North, Range 11, East of the Third Principal Meridian (except the Easterly
50.0 feet thereof) described as follows: BEGIMNING at the point of inter-
section of the north line of the Northwest 4 of said Section 36 with the
West line of the Easterly 50.0 feet of said West half of the Northwest 4
of said Section 36; thence West along the North line of the Northwest L, of
said Section 36, to a point 176.25 feet East of the West line of the North-
west41 of said Section 36; thence South parallel to the West line of said
Northwest ( of said Section36, 369.60 feet to the North line of Higgins Road;
thence Easterly along the Northerly line of Higgins Road to a point, 376.25
feet East of the West line of said Northwest of Section 36; thence North
parallel to said West line of the Northwest14
of Section 36 to a point 299.63
feet South of the North line of said Northwest 4 of Section 36; thence East
parallel to the North line of said Northwest 1 of Section 36 to the West line
of the Easterly 50.0 feet of said West half of the Northwest of Section 36;
thence North 299.63 feet to the place of beginning, (except that portion of
said premises previously dedicated or now used for Touhy Avenue.)
To be Zoned M-1
That part of the West 2 of the Northwest 4 of Section 36, Township 41 North
Range 11, East of the Third Principal Meridian (except the Easterly 50.0
feet thereof) described as follows: BEGINNING at the point of intersection
of the North i i ne of the Northwest ,'-F of said Section 36 with the West line
of the Easterly 50.0 feet of said West of the Northwest 4 of said Section
36; thence South along said West line of the Easterly 50.0 feet of said
West 2 of the Northwest 1, 299.60 Teet for a point of beginning; thence West,
parallel to the North line of said Northwest 4 of Section 36 to a point
376.25 feet East of the West line of said Northwest 'r+ of Section 36; thence
South, parallel to said West line of the North4est'4 of Section 36 to the
North line of Higgins Road; thence Easterly along the North line of Higgins
Road to said West line of the Easterly 50.0 feet; thence North along the
West line of the Easterly 50.0 feet of said West 2 of the Ncrthwest 4 of
Section 36, to the place of beginning.
EXHIBIT " A "
agree that atructures existing as of the date of this agreement shall not be
used for dwelling or residential purposes.
7. The Owners of the real estate described above, 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 hereto,
which Restrictions shall govern the development of the real estate to be
zoned M-1, Industrial, and B-1 Business, described above.
8. The Owners,and/or their heirs, and/or assigns shall pay to the
Village of Elk Grove Village upon annexation SIX THOUSAND SIX HUNDRED and
00/100 Dollars ($6,600.00) for traffic regulation and control devices and/or
any municipal purpose.
9. 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 heirs
and assigns in the development of saiie.
10. In Lhe event that the Owners and/or their heirs and assigns shall
refuse annexation at any time in the f=uture, or be otherwise bound by the
provisions of this Agreement, the Vil'agc reserves the right to terminate t'1i
Agreement and to terminate the use of its water and sewer facilities to the
properties first described herein; provided that all facilities shall remain
the property of the Village.
IN WITNESS WHEREOF, the parties have affixed their hands and seals
this H day of 1972.
VILLAGE OF ELK GROVE VILLAGE
Village
President
OWNERS:
ATTEST:/
(rf
Village Clerk
EXHIBIT B
RESTRICTIVE COVFNAI� TS RELT,TING '110
13.2 ACRF,S r-1OPr-, OR LESS, OF
PROPERTY RIaPERIZED TO AS THE
DECK PRO1)1')-v'TY
This declaration, made this � day of
1972, by
herei-nafter collectively referred to as the "Declarants";
W I T H E S S E T T I :
WIIERE_7\S, the Declarants are the owners of the real property
described in Exhibit "A", attached hereto and incorporated by rcfer_ence
and made a part hereof, as if fully set forth herein, here:i_nafter refl��r•-
red to as the "subject property"; and is de.si.rous of subjecting said
propert�r to the restrictive, covenants and charges hereinafter set -forth,
each and all of \-which is and are for the belefi.t of the subject: property
and for the owner thereof, and shp l.l_ inure to the benefit of and pass wit11
said property and each and every parcel thereof, and; shall apply to and
bind the owners thereof and the successors in interest thereto;
NOW, TIIEREFORE, the declarants hereby declare that the subject
property is and shallb-, held, transferred, sold and conveyed subject to
the restrictions, covenants and charges herein set forth.
ARTICLE ONE
The covenants are to run with the land and shall be binding on all
}parties and. persons claiming under them until. Twenty Five (25) years from
the date of recording, at which time all the herein covenants, restrictions
and charges shall cease and be terminated and be of no further force and
effect, anything herein to the contrary notw:itllstan(Mng.
ARTTC'IX '1M
Th c2 gr_]1"1tUr 1"C t:a1nS :;1.10.11 1'].gl"lt` OC Wuy a1d1 Ea�SCT11e1!ts afj ITIiV he
n('C"(1,:<-'Ij-Y ".hU p11rlx):"Io Oi' C.r`:.C�lli�l, CO'LC.{1"II C.t-1.1i<l,
maintziining and operating utility services under and 1--hrough the
promises in the designated set back, areas between the building lines
and the property lines, including public service wires and conduits for
lighting, power and telephone, gas 1.inP-s, sanitary sewer, storm ,�.,ewcr
and water, and the grantor shall have the ric,n'
t to grant right of \.mv
easements to others to carry out this purpoE,e. Any contract for the
laying of such lines, wires, conduits, pipes or sewers shall also pro-
vide that the premises shall. be restored to the same condition they were
in prior to the doing of such work'. Above ground utility facilities are
prohibited unle,s, prior app royal h<as been chanted by U -)e -,.,Trantor and the
Village L of Ell,I
Grove Village.
ARTTCLE THPFE
No building shall at any ny i) -ne he crectcO on. any portion of the
time
s,u):) jecl-..property within t,,renty five (25'). feet .of. .a.ij_y street right of N.,7ay,
a djo1)_l.J*.11g Sc)Me, or within ten (10') feet fi-.-om all s.-Lde and _-ear 1-,)ounda.r,,.,-
I
lines o -f-_ the sul)ject prop,��rty or portion thereof, if subdivided into lots
or parcels.
ARTI'CLB, FOUR
No loading dock shall he erected on any portion of the subject
property fronting on any street, unless the front of such loading platform
}pack C k _L
hall he set at least sixty (6',)' ) feet from the property line abutting
L _j
the street on which said loading d_-)cV, fronts.
ARTICLE FIVE
The Declarant agrees to 'provide on the subject p-toperty or pc,. -
tion thereof, off street automobi]e parking facilities based on a minimum
rate of one 300 square foot space for each three (3) employees employed on
the sul:,ject ]_:)rolperty or portion Lh'2reof by the originUl occupants thereof.
A11)TTJ'1_'J'F' STX
All buildir(ir; erected on tl,e subiocL Property s1hall be of
m- -1 1-: cu"111 �' C) ent , or !)c'tter. 1%'701s of
facing on streets must be finished with face brick, stone, glass or
their equivalent. Any construction other_ than the above shall be
submitted to and approved by the grantor.
ARTICLE SEVEN
The Declarant agrees that the area between the building lines
and the street property lines shall be used for either open landscaping
and green areas or for service access to the building, or to a parking
lot. Landscaped areas shall be done attractively with lawns, trees,
shrubs and similar treatment and shall be properly maintained in a
sightly and well kept condition
ARTICLE EMIT
Water towers, water" tanks, standpipes, penthouses, elevators
or elevaLor equip ant, stairways, ventilating fans or simi,lar equipment
required Lo operate and maintain the building, fire or pDrapct walls,
skylights, tanks, cooling or other top ars, wireless, radio or television
masts, roof signs, flag poles, chimneys, smoke stacks, gravity flow
storage and mixing towers or similar structures may not exceed a height
of fifty (50') feet from the established building grade. By the above,
DO restriction is intended as to building heights.
ARTICLE NINE
Storage yards for equipment, raw materials, semi -finished or
finished products shall be so shielded by a fence, shrubs, hedges or
other foliage as to effectively screen the view of such storage area
from the street.
ARTICLE TEN
The subject property shall not be used or maintained as a dump-
ing ground for rubbish, trash, garbage or other waste. :such waste shall
not be kept except in sanitary contai_nors. All. incinerators orother
^cYu:ii_>?ce�at for Lhe storage or disposal sposal_ c T such oa terial �hal l he kept-. in
No fence, wall, hedge, shrub, plant or tree which obstructs
site lines atelevations between two and six feet above the roadway shall
be placed or permitted to remain in any corner within the triangular area
formed by street property lines and a line connecting them at points
twenty five (25') feet from the intersection of the street lines.
hRTICLE TWSIME
Each of the foregoing covenants, conditions and restrictions
I shall run with the land and a breach of any of them may, at the option
of the Declarants or any successors or assigns, be enjoined, abated or
remedied by appropriate proceedings. It is understood, however, that thc-
breach of any of the foregoing covenants, conditions and restrictions shgll
Ot invalid the' lien of Any mortgagO on the subject -
I I ywoperty Onde val. er aKy �-
breach or contint-tance thereof may be enjoined, abated or remodied by the
proper procec dings, and provided further, that all of the foregoing
covenants, con6itions and restrictions shall remain in full force anO
effect against the subject property or any part thereof, title to which
is obtained by foreclosure of any such mortgage.
IN W1T1,,TJESS ',%r,':1EREOF, the Declarants have caused these present--;
to be executed, their seals affixed, the day and year first above written.
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