HomeMy WebLinkAboutRESOLUTION - 8-69 - 2/4/1969 - ANNEX AGRMT/208 ACRES NOU, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Ell: Grove Village, Counties o' Cook and Wage, State of
Illinois,
Section 1 - That tha Village President be and is hereby authorized to
sign the attached documents marked Anee,_ Man P{:% ompt KIM, to 20O r.__ _..
SoVth or 1);;Son i.N jarlh of TiorR01E, YcLt of Route 83.
, a copy of which is attached hereto and made a part hereof
as if fully sot forth and the Village Clerk is authorized to Most said
documnts upon the signature of the V1109B President.
Section 2 That this resolution shall be in full force and effect from
and after its passage and approval according to loot,
PASSED this hth_day of r__t?'_t';x�: 1$6 9 T
prvIOND this l,Lh day of I�'c.;�,-�.tazy 196
:
President ✓� y�V
Attest;
-
Vi l lage CIcrl< ��—
ANNEXATION AGREEMENT RELATING TO 208
ACRES, MORE OR. LESS, OF PROPERTY RUNNING
FROM Tllls SOUTH SIDE OF DEVON AVENUE i.'0 T:3F
NORTH SIDE OF THOP.NDALE, WEnT OF STA'L'E
ROUTE C83
WHEREAS, Wheaton National Bank, as Trustee under
Trust No. 1333 is the record owners of the property legally
described as follows :
A part of the North half of the Northwest Quarter
of Section 3, Township 40 North, Range 11, East of
the Third Principal Meridian, described by commencing
at the Northwest corner of said Section 3; thence East
along Township line, 1065 .42 feet for a place o
beginning; thence continuing East along Township line
1609 feet to the East line of i.he Northwest Quarter of
said Section 3, thence South along the Fast line of rhe
Northwest Quarter of said Section, 543 .18 feet; thence
West parallel to Township line, 1609 feet; thence North
880 40 ' East, 543 . 18 feet to the place of beginning, in
Du Page County, :Illinois ;
(hereinafter described as "Parcel A" )
and,
WHEREAS, Wallace Boesche and Evelyn Boesche, his wife,
are title owners of: the following described real estate :
The West half of a tract of land, described as
follows : Part of the East half of Section 3, Township
40 North, Range 11 , East of the Third Principal
Meridian, bounded as follows, to--wit: Beginning on
the East line of said Section 3 , a distance of 20 chains
South of the Northeast corner of said Section 3, thence
South along said line 38 chains to the center of the
road; thence North 75 1/40 West along the center of said
road, 26 chains and 35 links to a post; thence North
87 1/20 West, along the center of said road, 3 chains and
97 links; thence North 30 chains and 85 links; thence
North 880 East 29 chains and 28 Links to the place of
beginning, in Du Page County, Illinois;
(hereinafter described as "Parcel B" )
and,
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WHEREAS, Marie H. Schulze, a widow, Harold W. Schulze
and Lydia A. Schulze, his wife, are record title owners of the
following described real estate :
That part of Section 3, Township 40 North, Range 11 ,
East of the Third Principal Meridian, described by
commencing at the Northeast corner of said Section 3,
and running thence South along East line of said
Section 58 chains to the center of the road; thence
North 75 1/40 West along said road 26 . 35 chains; thence
North 87 1/20 West along said road 3. 97 chains for a
place of beginning; thence North 87 1/20 West along
said road 37 . 96 chains ; thence North 20 West 11 .40
chains to the Quarter Section line ; thence East along
the Quarter Section line 3 . 51 chains ; thence North
29. 01 chains; thence East 24. 04 chains to the Quarter
Section line (to a point 8. 24 chains South of the
Quarter Section corner in North line of Section ) ;
thence South along said line 11 . 76 chains; thence
East 10. 64 chains ; thence South 30.87 chains to
the place of beginning, all in hu Page County,
Illinois;
(hereinafter described as "Parcel C" )
and
WHEREAS, the record owners and the hereinafter named
developer are desirous of annexing said property to the Village of
Elk Grove Village in accordance with the provisions of this
annexation agreement- ; and
WHEREAS, Robert A. Allabastro, hereinafter referred
to as the "Developer" is an industrial land developer whose
business it is to subdivide and develop industrial properties ; and
WHEREAS, the Village of Elk Grove Village, hereinafter
referred to as the "Village" , in accordance with the provisions of
the statutes of the State of Illinois, has determined that it is to
the best interest of said Village that said property be annexed to
said Village and that this Annexation agreement be entered. into .
NOW, THEREFORE, IT IS AGREED by and between the record
owners, the Developer and the Village as follows :
1 . The Village agrees that it will zone the subject
property M-2 (Heavy Industry) except for that portion
thereof within 540 feet of a subdivision known as
Branigar-Mohawk Terrace, which area shall be zoned
M-1 (Light Industrial) .
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2 . The record owner and developer shall cause to
be developed the area within 50 feet of the afore.-
mentioned subdivision with lawn and shrubbery and.
it shall be free of buildings and structures and.
improved with shrubbery and screening, the nature
and extent of which shall be of a cost not to exceed
$30, 000. 00, exclusive of public improvements and
drainage costs and to be selected by the Village
Engineer or such person as he may direct. The
aforementioned is to be performed during the term
of the contract at such time as the Village Engineer.
determines. Said $30, 000 . 00 shall be deposited with
the Village Treasurer at the time of annexation and
any amount not expended shall be returned, at the end
of the term of contract, to the developer. Th: record
owner or his assigns shall enter into a. ninety nine (99)
year lease for the sum of $1 . 00 with the Woodale Park
District at such time as the Village shall direct.
3. The record owners have executed a Declaration of
Restrictive Covenants which run with the land, a.
copy of which is marled Exhibit "A" , attached hereto
and made a part hereof, and shall cause same to be
placed of record with the Recorder of Deeds of Du
Page County and agree not to release the restrictions
contained therein without the prior consent of the
Village.
4 . The developer and record owners agree to--cau=se
subject property to be sub-divided in accordance
with the subdivision control ordinances of the
village. it is understood that the actual sub-
division of subject property may be in one lot units
handled in the manner customarily used by the Village.
5. The developer agrees to install and donate by
` bill of sale public improvements in sub -unit 1, in-
I, eluding streets; water, sanitary sewer mains and
storm sewer system as well as a sanitary sewage
treatment plant in accordance with engineering plans
L to be prepared by the Elk Grove Engine.^_ring Company
similar to plans prepared by them dated March 17,
1964, marked No. 6025-1 and placed on file with the
Village Clerk, except that the sanitary sewerage
treatment plant shall be of such capacity as may be
determined necessary by the Village Engineer., Such
engineering plans, when approved by the Village
Engineer shall be incorporated herein by reference
as part of this agreement. The developer agrees
to install and donate by bill of sale, public im-
provements in subsequent subdivisions of subject
proparty including streets, water and sewer mains
and such additions to the sewerage treatment plant
as shall be necessary in accordance with the en-
gineering plans prepared by the developer ' s engineer
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and approved by the Village Engineer. It is understood that
the engineering standards to apply shall be those determined
necessary by the Village Engineer and his judgment shall. be
deemed conclusive on all issues as to the adequacy and need
of such improvements.
6. The developer agrees to install the sewerage treatment
plant as referred to above in accordance with engineering
plans referred to above within one (1) year from date hereof
and donate same to the Village by bill of sale together with
a site of not less than one (1) acre or of such size as is
necessary to accomodate the design requirements of the sanitary
sewera-e treatment plant; said conveyance to be by Warranty
Deed. Developer shall supply Chicago Title and Trust Company
policy indicating merchanLable title in the Village free of
encumbrances ; said policy to be in the amount of the value of
the improvement.
7 . The developer agrees that prior to subdividing any part
of subject property, it shall tender, to the Village, an ir-
revocable letter of comni_tment from a financing institution
with assets in excess of fifty million dollars, committing
said financial institution to directly pay the cost of public
improvements for said sub-unit from a special trust fund
established for that purpose, said sum to be payable as work
progresses and upon the direction of the Village Engi_nec-_.
8 . The Village agrees to maintain and operate said sewerage
treatment plant upon acceptance of: said plant by the Village .
The record owners and developers, on behalf of themselves, their
heirs and assigns, agree and covenant that all persons who con-
struct buildings on subject property shall use Village water and
sewers as provided for herein and pay the Village a sewerage
charge, in addition to all other charges, as it may deem necessary
to defer the cost of maintaining and operating said sewerage
treatment plant; said sums to be paid to the Village via its
water and sewer bills.
9 . The Village agrees to make available to the developer and
the record owners of subject property, its water and sewerage
facilities provided, however, the Village shall not be required
to supply any part of subject property further than 1, 500 feet
from the center line of Devon Avenue until and unless the
developer performs the obligations assumed by him hereunder.
10. The developer: agrees that within six (6) months from
notification by the Village, but in no event sooner than two
(2) years from date hereof, he shall cause to be constructed,
on a two (2) acre site, selected from subject property by the
Village Engineer, a water ground storage reservoir with the
capacity not exceeding one milli-on gallons, adequate boosters
and a deep water well as same shall be deemed necessary by the
Village Engineer at time of notification, to supply subject
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property with water and to maintain adequate and uniform
water pressure within the V llage . It is understood that
said property shall be donated to the Village free and clear
of any cost and that the developer shall tender a bill of sale
and such deed; as may be necessary in this regard, together
with a Chicago Title and Trust Company policy Phowing mer-
chantable title in the amount of the value of land and im-
provements in the Village.
11 . The developer agrees to donate to the Village $72 ,800. 00
for traffic signals, said amount to be payable as follows :
$27,800. 00 upon the passage of an ordinance of annexation,
and $15, 000. 00 upon the anrual anniversary of this agreemert
until the full amount is paid . Said amount shall be used, by
the Village, for traffic signals in the industrially zon;d
area of the Village east of Tonne Road.
12 . The developer agrees to pay the Village a sum del:er-
mined by the Village Manager but not in e;cess of $5, 000 . 00
to ::fforci it the right to use certain public utility mains
along Tonne Road; said sum to be paid at time of annexation .
13_ If at any time the Metropolitan Sanitary District of
Greater. Chicago or a comparable sanitary district system
shall make available, to subject property, direct service of
its sewage facilities on such terms as will leave the Village
free of cost or, in the alternative, if all users served agree:
to pay all charges resulting from said connection and said
agreement, as provided by said district, is in the form re -
quired by the Village, the Village shall terminate its ob-
ligation to operate the sewerage treatment plant aforementioned
and re-convey t.i.tle to same, including the property on which
situated, to the developct , provided, such conditions ocrar
within five (5) years of, dente of this agreement. Thereafter,
the Village shall be under no obligation to re-convey said
property to the developer. It is further understood that
all misers of the sewage system shall, upon notice by the
Village of the availability of said facilities from the
Metropolitan Sanitary District of Greater Chicago or comparable
system, shall be obligated to take all steps and to pay all
fundp as are necessary to join into said sanitary district
system when same is available .
14 . The record owners and developer agree that until sewerage
treatment plant aforementioned has been constructed and deemed
to the Village, as provided herein, it and they shall not con-
struct any building or structure on subject property or cause
same to be constructed on subject property, nor shall it or
they have a right to either a building or occupancy permit for
any structure. The record owner or developer further agree that
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unless the provisions and obligations undertaken by the
developer, as set forth above, are performed, neither the
record owner nor the developer shall have a right to construct
a structure or building on subject property after notification,
by the Village, that the improvements contemplated herein are
necessary to be performed. The foregoing restriction, however,
shall not prevent an addition or an enlargment to an existing
structure which was existent and using the facility at the time
of notification of the developer by the Village.
15 . In the event that any of the aforementioned obligations
are not performed, by the developer, the Village shall have
the right to disconnect such parts of: subject property as are,
at said time (the time of violation of this agreement) non-
improved with buildings or structures and not using the water
and sewer facilities of the Village, in which event, any portion
disconnected from the Village shall not be entitled to its water
and sewer facilities .
16. The record owners do hereby agree to forego any rights
to d.:i.s-annex any property hereunder unless provisions con--
tai.ned herein are violated by the Village.
17. The provisions of this, agreement shall be binding, not.
only on the record owners and developers, but their heirs and
assigns and be considered as a burden upon the land and a
condition to its development.
18. All notices required hereunder shall be sent to 06
developer in care of William J. McGrath, 202 W. Willow Street,
Wheaton, Illinois and to the Village by notice to the Village
Manager, Village Hall, Elk Grove Village and Edward C. IIofert,
780 Lee Street, Des Plaines, Illinois.
19. In the event that any portion of subject property shall
be disconnected from the Village, at any time, for whatever
.reason, it shall not be deemed to effect or alter the ob-
ligations of the developer hereunder.
20. This agreement shall continue in full force and effect
until January 14, 1975 , at which time it shall cease and
determine, except that all property annexed to the Village
shall have the right to waiver and sewer facilities at the
rates charged as specified in Paragraph 8 above.
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IN WITNESS Vu11ERE09, the Parties hereto have
entered into this agreement this ' ---" day o1
1969 .
i
is-Ti..
P.ecord Gwtiers - --T --`- /
rloper:
Village President-
ATTEST:
residentATTEST:
Village: Clerk/
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B,ES'I'I<IC1'l'1'�.?., i%U'11�Iv_tN'1'S
REIATIId" TO 2V P.C;'TS , 111OI E 012 i.rSS ,
OF PRC)PI;MY �thI�lidl'�:C= I'f:O��i 111E SOUTH
SIDE OF I)1 VON AVi;N LJ i; TO Tt;ii 11016'I1
SIDE OI' SIt UP1J1) \I14' AV;;;I\ UE, VIEST OF
i S'i'A1'1: R0U'1'h 33----- ----- ---
TIIIS mado this day of
i.7
A.D. 1969, by WIIEATON NATIONU BAN!,' as Trust:,e, undo, Trust
#1333, WALIAC.E BOESCHE and EVELYN BOESCHE, his wife, MARIE
13 . S(,PfULZE, a widow, HARON) W. SCHULZE and LYDIA A. SCIIUT,Zl"
his wife, hereinafter collectively referred to as the "Declarants";
W I T N E S S E T H
WHEREAS, the Declarants are the owners of the real prop-
erty described in Exhibit 1, attached hereto, incorporated by re,`.er-
ericc and mad: part horeof as if fully set forth herein, hereinafter
referred to as the "subject property"; and is desirous of subject-
ing said property to the restrictive covenants and charges hcrci.n--
aftor set forth , each and all of which is and are for the benofit of
the subject property and for the owner thereof, and shall inure to
the benefit of and pass with sa`_d proporty and each and every par-
cel thereof, and shall apply to and bind the owners thereof and the
successors in interest thereto;
NOW, THEREFORE, the Declarants hereby declare that the
subject property is and shall bo held, transferred, sold and convey-
ed, subject to the restrictions, covenants and charges herein set
forth ,
ARTICLE ONE
The Covenants are to run with the land and shall be bind-
ing on all parties and persons claiming under them until November 1,
1986, at which time, all the heroin covenants, restrictions and
6--al-g"13 :h=.17. coxae and bo t.crmi.natcd n.nd be of no A,,rc;hor .f.'oi�co
end effect, an^t'hing horoln t,; the eentrar5 notcrithstan .ins;,
IRTICL? TV,'O
No buildAng shell at any timo be erected on any portion of
the subject property within twonty-•five (25) feet of any at.reot
rikht--cf-way vdjolni.ng sane, or within tcn (10) feet from a1).
side and rear bovndary' Tinos of the subject property or portion
thoioof If subdividod into lots or parcels.
ARTICLI's Tiii',
We loading dock shall. be erec`od or any port9.e11 of the
subject U-<•operty frontin(, on any siruoc-, anl.00s the front of
suc)-a l.oadln; plat;:iorrn sl-.,Ill. be sot back at ) east sixty (GO) feet
fro th:D property linc •rO)u,,.tti.n� thn stroet on which salCi loafing
dock fronts,
ARTICL i FOUR
Th„ Doclarant agrees to provide on the subjoct property ov
portion thoroof, off street automobile parking facilities, rased
cm z. tni.n:.mtL: rate of one 300 squaro foot space for each throe (5)
omployop omployod on the pubjoct prcperty or portion thereof,
by the o;. iinni.' occupcnts thoroof.
ARTICI,I' FIVE
All buildings (,) octad on the subject pxwporty shall be of
masonry co:"A:;truction or its eyuivalont or better; ITont, tisalls
facing on strc,;ts of such building;: !fust be finished. with face
brick, siono, modern mutt.-I. panolinl;, glass ov their oq;uivalent.
Other walls shall be faced with corimn brick or its equivalent.
ARTICLE: SIX
The Doclarant agrees thni, the area betwoon the building
linos and the otroot property ] fines shal.l be uncd for oithocl
open and green areas or for scrvico access to the
building, or to a parking lot, Landscaped areas shall be done
attractively with lawns, trues, shrubs and similar treatment,
and small be properly maintained in a si.ghtly and well kept
Condit Ion.
Water terrors, water tf3nl:s, strand pipes, ponthousos, elevators
or elevator equipment, stairways, ventilating fans or similar
oga1pn;ent -required to operate and maintain the building, fire or
parapet walls, skylights, tanks, cooling or other toe ore;, w1roloas,
radio or tolovisien roasts, roof signs, flag-polos, chIlmicys,
stacks, gravity flow storage and mixing t.orJors or similar etruc-
taros may not oxcool. a hoight of fifty (50) feet frons tho ostob-
lishod huildinr� grade. . By tho above, no restriction is intended
ap to building, hoi.L,.Us,
ARPICLF� EIGHT
Storage yards for equipment, raw materials, sorr.i-•1.'ini.:;heel
or 1•inishnd products shall be so shielded by a fence, shratbs,
hedges or other foliage as to offoctivoly screen the viol;
the trianyulor area formui by stiont property lines and P line
connecting them at points twonth- five (25) foot from the. into -
section or the street lines .
L1.11LIS111-11 Ill_f'rKT1
Fisch of the foregoing covenants , conditions and restrictions
shall run with the land and a breach of any of then may, at the
option of the Doclarants or any 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 invalid
the lien of any mortgvgo on the subject property made in good
faith and for valuel providol, however, that any breach or
con i-;zu<itcc thereof way be enjoined, aboted or remedied by the
proper procaKingn, and provided further, that all of the fore..
going covenants, conditions and restrictions shall remain in full
force and effect against the subject property or any part thereof,
title to which is obtained by foreclosure of any such mortgage.
IN WITNESS WEEREOP, the Daclarants have caused these presents
to M executed, their seals affixed, the day and date first above
mentioned.
"t'c
A
-YON C
A part of the Mn A VI ; of the NorthwcsL Quarter
of section 3. yownnhiv 60 porth, Range 11 , 300L of
the Third Principal MoridAn , de2cribed by cokmcncinu
at the HorLhwcsL comm of said Sec Lion 3 ; thence East
along Township Jim, 1065 .42 fact for a place of
beginning ; thence continuing East, along Township line
I609 feet to the East line of the Northwest Quarter of
said Section 3, thence South along the East: line of the
NorAwest Quarter of said Section , 503 . 10 feet ; thence
West parallel to Township line, 1609 feet; thence North
880 40 ' Eaqt, SUM feet to the place of beginning, in
Da Page County, Illinois;
and,
WJJERE',;'rS, Wallace Doosche and Evelyn Boosche, his wife,
are title owners of the followAg described xeal estate :
The Wet half of a tract of land, describe& as
follows : Part of the Fast half of Section 3, Township
40 North, Rangy 11 , East of the Third Principal
Meridian, bounded at follows, to-wit : beginning on
the East line of said Section 3, a disLanew of 20 chains
South of the Northeast corner of said Section 3, thence
South along vaia line 38 chains to the center of the
road; thence North VS 3/10 West along the center of said
road, 26 chains and 35 links to a post; thence NorLh
87 1/20 West, along the center of said road, 3 chains and
97 links; thence North 30 chains and 85 links ; thence
horM 830 East 29 chains and 28 links to the place of
beginning, in Du Page County, Illinois;
and,
That part of Section 3, Township 40 North, Range 11,
East of the Third Principal Neridian , described by
commencing at the Northeast corner of said Section 3,
and running thence South along East line of said
Section 58 chains to the center of the road; thence
North 75 1/40 West along said road 26 . 35 chains; thence
North 87 1120 Went along said road 3 . 97 chains for a
place of beginning; thence Forth 87 1/20 West along
said road 37 . 96 chains ; thence North 20 West 11 .46
chains to the Quarter Section Me ; thcpco Past along
the QuarLor. Section line 3 . 51 chains; thence North
29. 01 chains; thence East 24 . 01 chains to th? Quarter
Section line (to a point 8 .20 chains South of the
Quarter Section corner in North line
of Section) ;
thence South along said line 11 . 76 chains; thence
East 30 - 61 chains; thoncc South 30 .87 chains to
the place of beginning, all in Du Page county,
Illinois ;
EX1113IT 1