HomeMy WebLinkAboutRESOLUTION - 31-11 - 6/21/2011 - BP ANNEXATION AGREEMENTRESOLUTION NO. 31-11
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK
GROVE VILLAGE AND BY PRODUCTS NORTH AMERICA INC.
WHEREAS, on June 21, 2011, a public hearing was held pursuant to Section 65,ILCS
5111-15.1 et, sec.. of the Illinois Municipal Code to consider the approval of an Annexation
Agreement between the Village of Elk Grove Village and BP Products North America Inc.;
and
WHEREAS, as a result of the testimony and evidence presented at said public hearing,
the Mayor and Board of Trustees of the Village of Elk Grove Village find and believe it to be
in the best interest of the Village that the Annexation Agreement between the Village and
Owner be approved,
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign an Annexation
Agreement between the Village of Elk Grove Village and BP Products North America Inc.
which is attached hereto and made a part hereof and the Village Clerk is authorized to attest
said document upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its
passage and approval according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 21" day of June 2011.
APPROVED this 21" day of June 2011.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan, Village Clerk
RESRPAnnerAgree
Doc#: 1122234029 Fee: $94.00
Eugene "gene" Moore
Cook County Recorder of Deeds
Date: 08/10/2011 10:00 AM Pg: 1 of 30
O1tOVE
RESOLUTION NO. 31-11
VILLAGE OF ELK GROVE VILLAGE
JUDITH M. KEEGAN, VILLAGE CLERK
901 WELLINGTON AVENUE
ELK GROVE VILLAGE, ILLINOIS 60007
RESOLUTION NO. 31-11
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK
GROVE VILLAGE AND BP PRODUCTS NORTH AMERICA INC.
WHEREAS, on June 21, 2011, a public hearing was held pursuant to Section 65 ILCS
5/11-15.1 et. seq. of the Illinois Municipal Code to consider the approval of an Annexation
Agreement between the Village of Elk Grove Village and BP Products North America Inc.;
and
WHEREAS, as a result of the testimony and evidence presented at said public hearing,
the Mayor and Board of Trustees of the Village of Elk Grove Village find and believe it to be
in the best interest of the Village that the Annexation Agreement between the Village and
Owner be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign an Annexation
Agreement between the Village of Elk Grove Village and BP Products North America Inc.
which is attached hereto and made a part hereof and the Village Clerk is authorized to attest
said document upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its
passage and approval according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 21" day of June 2011.
APPROVED this 21s` day of June 2011.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan, Village Clerk
RESBPAnnexAgree
THIS DOCUMENT PREPARED
BY AND AFTER RECORDING
RETURN TO:
Gregg S. Graines
DLA Piper LLP (US)
203 N. LaSalle Street
Suite 1900
Chicago, IL 60601
ANNEXATION AND DEVELOPMENT AGREEMENT
THIS ANNEXATION AND DEVELOPMENT AGREEMENT (this "Agreement") is
made and entered into as of this ��At _day of 2011, by and between the
VILLAGE OF ELK GROVE, an Illinois home rul umcipal corporation located in Cook
County, Illinois (the "Village") and BP PRODUCTS NORTH AMERICA INC., a Maryland
corporation ("Owner") (the Village and Owner are sometimes hereinafter collectively referred to
as "Parties" and individually referred to as a "Party").
RECITALS
A. Owner is the owner of record of approximately thirty-six (36) acres of real
property generally located at the northeast corner of Touhy Avenue and Elmhurst Road in Cook
County, Illinois and legally described on Exhibit A attached hereto (the "Property"). The
Property is currently unincorporated but contiguous to the Village's corporate boundaries.
B. The Property is currently operated a as facility containing petroleum products
storage tanks (gasoline, diesel, jet fuel, etc.) serving O'Hare International Airport and the
surrounding area. In connection with the operation of the existing petroleum facility, the
Property is currently improved with, among other things, petroleum storage tanks and related
valves, piping and other ancillary improvements, structures, fencing and equipment. Further, the
Property also contains a double -sided billboard sign and sanitary sewer service for the Property
is provided by the Metropolitan Water Reclamation District of Greater Chicago. The existing
improvements located on the Property are indentified on the existing site plan attached hereto as
Exhibit B and are referred to herein collectively as the `Existing Improvements".
C. The Property along with the applicable portions of adjacent rights-of-way (to the
extent, if at all, not already located within the corporate limits of the Village or of another
municipality) is intended to be annexed to the Village pursuant to the provisions of Section 7-1-1
et seg. of the Illinois Municipal Code, 65 ILCS 5/7-1-1 et seq., and Owner desires to annex the
Property to the Village pursuant to Section 7-1-8 of the Illinois Municipal Code, 65 ILCS 5/7-1-
8.
D. Owner intends, among other things, (i) to construct in one or more phases three
(3) additional petroleum storage tanks on the Property (along with related valves, piping and
other ancillary improvements and equipment) that will have a maximum height of sixty-five feet
(65') above grade, that will hold no more than 150,000 barrels of petroleum; (ii) to install, at
Owner's election, the `BP" logo on two (2) sides of two (2) tanks facing Touhy Avenue and two
(2) tanks facing Elmhurst Road and each logo shall not exceed 25' x 25' in size; (iii) to construct
underground water mains across Elmhurst Road and across Touhy Avenue which will serve the
Property and which will connect to the Village's municipal water system; and (iv) to replace the
existing billboard sign located on the Property with a smaller double -sided digital display
billboard sign (collectively, the "Future Improvements"). The Future Improvements are
identified in the site plan attached hereto as Exhibit C (the "Future Improvement Site Plan") and
are sometimes also referred to herein as the "Project".
E. The Parties acknowledge that annexation of the Property to the Village and the
development of the Project on the Property will be compatible with and will further the planning
objectives of the Village as a whole, will be of substantial benefit to the Village, will extend the
corporate limits and jurisdiction of the Village, will permit orderly growth, planning and
development of the Village, will increase the tax base of the Village, and will promote and
enhance the general welfare of the Village and its residents.
F. The Village has agreed to annex the Property to the Village, to zone the Property
as herein described and to approve Owner's plans for the Property in order to facilitate Owner's
(i) continued operation, maintenance and enhancement, as necessary, of the Existing
Improvements on the Property; and (ii) construction, operation, maintenance and enhancement of
the Future Improvements on the Property.
G. Owner has filed with the Village
Section 7-1-8 of the Illinois Municipal Code, 65
the Property. No electors reside on the Property.
Clerk a proper annexation petition pursuant to
ILCS 5/7-1-8, signed by the owner of record of
H. Pursuant to the applicable provisions of the Illinois Municipal Code and in
accordance with the Village's home rule powers, a proposed agreement similar in substance and
in form to this Agreement was submitted to the Mayor and Board of Trustees of the Village
(hereinafter collectively referred to as the "Village Corporate Authorities") and a public hearing
by the Village Corporate Authorities was held on June 21, 2011, pursuant to notice, as provided
by statute.
I. Pursuant to notice, as required by statute and ordinance, a public hearing was held
by the Village's Plan Commission on the requested annexation, zoning, text amendments, special
use, variations and development of the Property on June 1, 2011 and the recommendations and
findings of fact made by said body relative to such requests, have been forwarded to the Village
Corporate Authorities.
-2-
J. All other and further notices (including, but not limited to, notices to local library
and fire protection districts), publications, procedures, public hearings and other matters
attendant to the consideration and approval of this Agreement, the annexation of the Property,
the zoning of the Property, and the development of the Property have been given, made, held and
performed by the Village as required by Section 7-1-8 and Section I1-15.1-1 et sc�q. of the
Illinois Municipal Code, 65 ILCS 5/7-1-8 and 5/11-15.1-1 et sees., the Village's home rule
powers and other applicable statutes, and all applicable ordinances, regulations and procedures of
the Village.
K. The Village Corporate Authorities have duly considered all necessary petitions to
enter into this Agreement, have considered the recommendations of the Village Plan
Commission in connection with the proposed zoning and development of the Property with the
Project and have further duly considered the terms and provisions of this Agreement and, by a
resolution or ordinance duly adopted by a vote of at least two-thirds (2/3) of the Village
Corporate Authorities then holding office, have authorized the Village Mayor to execute and the
Village Clerk to attest to this Agreement on behalf of the Village.
L. The Parties desire to set forth herein their agreements and understandings with
respect to the coordinated use and development of the Property.
M. The Parties desire to enter into this Agreement pursuant to (i) Section 11-15.1-1 et
seg. of the Illinois Municipal Code, 65 ILCS 5/11-15.1-1 et seg.; (ii) the Village's home rule
powers (in particular with respect to any provisions hereof which may not be expressly
authorized by the Illinois Municipal Code); (iii) the intergovernmental cooperation provisions of
the Illinois Constitution (Article VII, Section 10) and enabling statutes enacted pursuant thereto;
(iv) Division 13 of Article 11 of the Illinois Municipal Code (65 ILCS 5/11-13-1 et sea.); (v) the
Village's police powers; and (vi) other authority as may hereinafter be set forth.
N. Each Party has materially altered its respective position in reliance upon the
execution of this Agreement and the performance of its terms and provisions by the other Party.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants and agreements herein made, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereby agree as follows:
1. Recitals. The Parties acknowledge that the statements and representations
contained in the foregoing recitals are true and accurate and incorporate such recitals into this
Agreement as if fully set forth in this Article 1.
2. Annexation of the Property.
a. At a meeting of the Village Corporate Authorities subsequent to the meeting at
which the Village President is authorized to execute (and the Village Clerk is authorized to attest
to) this Agreement, but in no event later than June 21, 2011 (unless extended by mutual
agreement of the Parties), and immediately after the execution of this Agreement by the Parties,
-3-
the Village Corporate Authorities shall proceed, subject to the terms and conditions set forth in
this Agreement, to consider the question of annexing the Property to the Village and do all things
necessary and appropriate to cause the Property to be validly annexed to the Village (including
recordation of a plat of annexation of the Property, in form mutually acceptable to both Parties,
with the Recorder's Office, as defined below), and shall enact an ordinance in a form mutually
acceptable to the Parties annexing the Property to the Village.
b. This Agreement in its entirety shall be null, void and of no force and effect unless
the Property is validly annexed to the Village and the Approvals Ordinances (as defined and set
forth in Section 3a below) are duly approved by the Village Corporate Authorities in accordance
with and as contemplated by this Agreement at the times specified herein. No action shall be
taken by the Village Corporate Authorities to annex the Property to the Village unless: (i) this
Agreement has been fully executed by all Parties; and (ii) the Village Corporate Authorities are
prepared to immediately thereafter duly enact the Approvals Ordinances.
3. Zoning Approvals for the Property and Construction of the Future
Improvements.
a. Zoning and Development Approvals. At the same meeting of the Village
Corporate Authorities at which annexation of the Property to the Village is approved, the Village
Corporate Authorities shall:
i. Adopt (i) an ordinance rezoning the Property to the I-2 Industrial Zoning
District (the "I-2 District"), in the form attached hereto as Exhibit D (the "Rezoning
Ordinance"); (ii) an ordinance approving a special use permit for the Existing Improvements and
the Future Improvements and approving certain variations from the Village Zoning and
Subdivision Control Ordinances in connection with the same, in the form attached hereto as
Exhibit E (the "Special Use and Variation Ordinance"); (iii) one or more ordinances amending
the Village's Municipal Code to permit Owner to install, at Owner's election, the "BP" logo on
two (2) sides of two (2) tanks facing Touhy Avenue and two (2) tanks facing Elmhurst Road (the
"Signage Amendment"); and (iv) an ordinance amending the Village's Municipal Code to permit
Owner to continue to maintain the billboard sign on the Property and to replace the existing
billboard sign located on the Property with a smaller double -sided digital display (the "Billboard
Amendment", and together with Special Use and Variation Ordinance and the Signage
Amendment, the "Approvals Ordinances"). The parties intend that the Special Use and
Variation Ordinance shall, among other things, (a) classify the Existing Improvements and the
Future Improvements and any related accessory uses as authorized special uses in the 1-2
District; (b) confirm that the Existing Improvements comply with all regulations of the I-2
District and the Village's Zoning Ordinance and the Subdivision Control Ordinance, including
but not limited to, height, density, bulk, yard, setback, impervious surface, open space, signage,
landscaping, parking and loading regulations, and may be operated, maintained and replaced;
and (c) confirm that the Future Improvements (as identified on the Future Improvement Site
Plan) will, upon construction of the same, comply with all regulations of the I -2 District and the
Village's Zoning Ordinance and Subdivision Control Ordinance, including but not limited to,
height, density, bulk, yard, setback, impervious surface, open space, signage, landscaping,
parking and loading regulations, and may be operated, maintained and replaced.
ii. Within thirty (30) days after adoption of the Approvals Ordinances, the
Village shall amend the Village's Comprehensive Plan and the Village's Official Map to reflect
the zoning and use of the Property herein provided. The Village shall take all actions necessary
to maintain the approvals provided by the Approvals Ordinances during the Term of this
Agreement.
iii. The zoning district designation of the Property as set forth herein shall
constitute a permanent zoning classification for the Property, unless Owner or any successor owner
applies for a change in zoning classification and the Village grants said application in accordance
with applicable law, and shall remain in effect throughout the Term of this Agreement, and
thereafter unless amended or revoked in the manner provided by law.
b. Existing Improvements• Construction of the Future Improvements. The Village
acknowledges that upon adoption of the Approvals Ordinances, (i) no other consents, permits,
authorizations or approvals of any kind or nature shall be required from the Village in order to
permit Owner to continue to operate, maintain and replace the Existing Improvements on the
Property (other than activities for which a building permit may be required in the ordinary course
of business, which the Village shall not unreasonably delay or withhold); and (ii) other than
receipt of a building permit by Owner for the Future Improvements no other consents, permits,
authorizations or approvals of any kind or nature shall be required from the Village to construct,
operate, maintain, replace and enhance the Future Improvements in accordance with the Future
Improvement Site Plan (other than activities for which a building permit may be required in the
ordinary course of business, which the Village shall not unreasonably delay or withhold). If
Owner sells the Property to a third party which is not directly or indirectly controlling, controlled
by or under common control with Owner (a "Non -Affiliate of Owner"), the billboard sign then -
located on the Property shall be removed from the Property within ninety (90) days after the
expiration of the billboard lease then in effect as of the date of such sale to a Non -Affiliate of
Owner. Notwithstanding anything to the contrary contained herein, the replacement by Owner
of any Existing Improvements and/or Future Improvements shall be carried out in accordance
with industry standards reasonably determined by Owner such as the American Petroleum
Institute (API) Standard 2610, Design, Construction, Operation, Maintenance and Inspection of
Terminals and TankFacilities, and any other applicable Owner and industry standards.
Concurrently with Owner's submittal of a building permit application to the Village in
connection with any replacement activity for which a building permit is required, Owner, as a
courtesy only, will notify the Village of the industry standard Owner will follow in connection
with such replacement activity. The Village shall act diligently to promptly issue all building
permits required for any portion of the Future Improvements upon receipt of an application for
the same. If any permit application is denied, the Village shall provide Owner with a written
statement specifying the reasons for denial of the application, including specifications of the
requirements of ordinance or law which the application or supporting documents fail to meet,
and the Village shall issue such building permits promptly upon Owner's compliance with those
requirements.
C. Future Construction of Sidewalk on Property. Currently, there are (i) no public
sidewalks and crosswalks at the intersection of Touhy Avenue and Elmhurst Road to permit
pedestrians to cross this intersection; and (ii) no public sidewalks on the properties located to the
-5-
immediate north and east of the Property. In the event that both (a) a sidewalk is constructed
along the west side of Elmhurst Road which terminates at the northwest comer of the
intersection of Touhy Avenue and Elmhurst Road or a sidewalk is constructed along the south
side of Touhy Avenue which terminates at the southeast corner of the intersection of Touhy
Avenue and Elmhurst Road; and (b) at least one sidewalk is constructed to (I) the north of the
Property on the east side of Elmhurst Road which terminates at the north property line of the
Property or (II) to the east of the Property on the north side of Touhy Avenue which terminates at
the east property line of the Property (collectively "Off -Site Future Sidewalk Improvements"),
then Owner, within two (2) years after receiving written notice from the Village that the Off -Site
Future Sidewalk Improvements have been constructed and completed, shall, at its sole cost and
expense and, subject to receiving the necessary permits and approvals from the appropriate
governmental agencies (including, but not limited to, the Illinois Department of Transportation),
construct a sidewalk adjacent to the Property and within the Touhy Avenue and Elmhurst Road
rights-of-way ("Owner Sidewalk Improvements") in accordance with the Village's then
applicable standards. If Owner does not receive the necessary governmental approvals to
construct the Owner Sidewalk Improvements the Owner shall not be obligated to construct the
same.
d. Prohibition Against Moratoria. At no time and under no circumstances shall any
moratoria established by Village ordinance or resolution on the approval of this Agreement, the
Future Improvement Site Plan, the Approvals Ordinances or on the issuance of building permits
or any other moratoria be applicable to the development or the Property or any portion or either.
For purposes of this Agreement, a Village ordinance or resolution shall be deemed to establish a
moratorium if it precludes, delays, restricts, limits or prevents, entirely or in part and in any
manner whatsoever, issuance of a building permit for the Future Improvements or the continued
maintenance and operation of the Existing Improvements.
4. Potable Water Service (including Fire Protection).
a. The Property is not currently served by any municipal water system. In order to
connect the Property to the Village's municipal water system and to accommodate the potable
water and fire protection needs of the Property as set forth below, Owner, at its sole cost and
expense, shall be permitted to construct a water line across Elmhurst Road and a water line
across Touhy Avenue (collectively, the "Water Line Improvements") and which shall connect
the water improvements located on the Property to the existing Village water main located on the
west side of Elmhurst Road and the south side of Touhy Avenue.
b. The Village represents and warrants to Owner that, (i) potable water shall be
delivered to the Property at all times and such water shall be treated and filtered water complying
with applicable Safe Drinking Water Act requirements; and (ii) the supply of potable water to the
Property shall, at all times, not be less than a pressure of 54 pounds per square inch and with a
minimum flow of 1,221 gallons per minute. The Village's obligations under this Section 4.b are
subject to delay as a result of circumstances which are beyond the reasonable control of such the
Village (which circumstances may include acts of God, war, acts of civil disobedience, strikes or
similar acts).
-6-
C. The Village shall cooperate with Owner and execute all applications, permit
requests and other documents which are or may be required, in connection with the provision of
potable water service and fire protection for the benefit of the Property which shall be provided
by the Village. The Village shall cooperate with Owner, at its sole cost and expense, in obtaining
any permits or consents which may be reasonably required by Owner in order to construct the
Water Line Improvements, and shall grant Owner access to all Village -owned rights-of-way, as
necessary to enable provision of potable water service to the Property at all times.
d. The Village represents and warrants to Owner (i) that only those connection fees,
tap -on fees, water usage and/or recurring user fees and charges that are in effect and applicable
to other users of the Village's municipal water system shall be due to the Village in connection
with Owner's consumption of water and construction, use and operation of the Water Line
Improvements; and (ii) that Owner shall not be required to oversize the Water Line
Improvements.
5. Landscape and Utility Easements. Concurrently with the recordation of this
Agreement with the Office of the Cook County Recorder of Deeds (the "Recorder's Office"), the
Parties shall enter into a landscape and utility easement agreement in the form attached hereto as
Exhibit F, which easement agreement shall be recorded in the Recorder's Office concurrently
with the recordation of this Agreement.
6. Fees, Contributions, Donations and Recaptures.
a. The Village hereby represents and warrants to Owner that an annexation fee in the
amount of $760.00 shall be due from Owner upon completion of the Water Line Improvements
and connection of the same to the Village's municipal water system.
b. The Village hereby represents and warrants to Owner that, except as set forth in
Sections 6a above (i) no cash or land contributions or impact fees shall be imposed upon Owner
or upon the development and use of the Property during the Term of this Agreement; (ii) no
donations or other charges or fees of any type or description shall be imposed upon Owner or
upon the development and use of the Property during the Term of this Agreement, except as
specifically provided in this Agreement or mandated by state or federal law; and (iii) the
Property is not subject to any recapture agreements or ordinances. Owner shall pay to the
Village all generally applicable building permit fees, plan review fees, inspection fees and
similar fees required in connection with its redevelopment of the Property at the times set forth in
applicable Village ordinances in effect as of the date hereof.
7. Continuation of Current Uses and Structures. It is recognized that at the time of
annexation, there may be certain buildings, structures, and facilities located on the Property that
do not conform to the Village Code or certain Village ordinances, including the Village's Zoning
Ordinance or Subdivision Control Ordinance. Such nonconformities, if any, shall be permitted
to continue and such buildings, structures or facilities shall be deemed to be permitted legally
nonconforming uses under the Village Code, including the Village's Zoning Ordinance and
Subdivision Control Ordinance, now in effect or as amended.
-7-
8. Codes and Ordinances.
a. To the extent of any conflict, ambiguity or inconsistency between, on the one
hand; the terms, provisions or standards contained in this Agreement, and the Approvals
Ordinances, and on the other hand, the terms, provisions or standards, either presently existing or
hereafter adopted or amended, of the Village's Zoning Ordinance, the Village's Subdivision
Ordinance or any other Village code, ordinance or regulation, the terms, provisions and standards
of this Agreement, the Approvals Ordinances and the Agreement shall in all cases govern and
control. Notwithstanding the foregoing, if any Village code, ordinance or regulation of general
applicability is hereafter adopted or amended so as to be less restrictive upon Owner with respect
to the development of the Property than is currently the case, then, at the option of Owner, such
less restrictive regulation or amendment shall control and become applicable to the use and
development of the Property as set forth herein and in the Approvals Ordinances without the
requirement of an amendment to this Agreement or to the Approvals Ordinances.
b. All codes, ordinances, rules and regulations of the Village in effect as of the date
hereof shall continue in effect in their current form insofar as they relate to the use and
development of the Property during the entire Term of this Agreement or as may otherwise be
agreed to by Owner in writing and except to the extent of amendments mandated by state or
federal requirements. All codes, ordinances, rules and regulations of the Village in effect as of
the date hereof which relate to building, housing, plumbing, electrical and related restrictions
affecting development of the Property shall continue in effect in their current form and amount
insofar as they relate to the development of the Property during the entire Term of this
Agreement.
9. Mutual Assistance and Cooperation. The Parties shall do all things reasonably
necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and
assist each other in carrying out the terms and objectives of this Agreement and the intentions of
the Parties as reflected by said terms, including, without limitation, the giving of such notices,
the holding of such public hearings, the enactment by the Village of such resolutions and
ordinances and the taking of such other actions as may be necessary to enable the Parties'
compliance with the terms and provisions of this Agreement and as may be necessary to give
effect to the terms and objectives of this Agreement and the intentions of the Parties as reflected
by said terms. Further, the Village agrees to fully cooperate with Owner if Owner must obtain
any other governmental approvals or permits that are legally required to (i) accomplish the
annexation of the Property or (ii) facilitate the operation, maintenance, repair or replacement of
or alterations to the Existing Improvements and/or the Future Improvements, from any
governmental or quasi -governmental entity including the Village, including approvals or permits
from Cook County, the State of Illinois and the U.S. Government, and upon Owner's request, the
Village shall promptly execute any applications or other documents which the Owner intends to
file with such other governmental or quasi -governmental entities. Further, the Village agrees
that it shall not interfere with the lawful management, operation, maintenance, repair or
replacement of or alterations to the Existing hnprovements and/or the Future Improvements
Pursuant to this Agreement. No Party shall challenge the validity of this Agreement or the
ordinances adopted pursuant hereto.
1 -8-
10. Defects in Annexation or Zoning: Disconnection. If the annexation and zoning
of the Property as provided for herein is in any way deemed to be defective, the Parties agree that
they shall do all things legally necessary and appropriate to cure any and all defects to cause the
Property to be validly annexed to the Village and zoned to permit the Property to be operated,
maintain and enhanced as contemplated herein. Owner shall be entitled to and the Village shall
take all actions necessary to facilitate the disconnection of the Property from the Village if (i) the
Village takes any action which would change the zoning of the Property from the I-2 District
with a special use permit for the Existing Improvements and the Future Improvements; (ii) the
Village takes any action which would cause the Existing Improvements and/or the Future
Improvements (or any portion thereof) to become unpermitted or disallowed non -conforming
uses and/or non -conforming structures; (iii) the Village modifies and/or amends the Approvals
Ordinances without the prior written consent of Owner; (iv) there is a material breach of this
Agreement by the Village; or (v) if Owner for any reason is unable to connect the Property to the
Water Line Improvements and the Village's municipal water system.
11. Remedies.
a. Upon a breach of this Agreement, any of the Parties, in any court of competent
jurisdiction, by an action or proceeding at law or in equity, may secure the specific performance
of the covenants and agreements herein contained, may be awarded damages for failure of
performance, or both. No action taken by any Party pursuant to the provisions of this Section 11
or pursuant to the provisions of any other Article of this Agreement shall be deemed to constitute
an election of remedies and all remedies set forth in this Agreement shall be cumulative and non-
exclusive of any other remedy either set forth herein or available to any Party at law or in equity.
b. In the event of a breach of this Agreement, the Party alleged to be.in breach shall
have thirty (30) days after written notice of said breach to correct the same prior to the non -
breaching Party's seeking of any remedy provided for herein (provided, however, if the
defaulting party has initiated the cure of said default and is diligently proceeding to cure the
same, said thirty (30) -day period shall automatically be extended for an additional thirty (30) day
period). In the event the Village is in default of its obligations under Section 3, Owner may
immediately seek available remedies in connection with the issuance of building permits and
certificates of occupancy.
C. If any of the Parties shall fail to perform any of its obligations hereunder, and the
Party affected by such default shall have given written notice of such default to the defaulting
Party, and, such defaulting Party shall have failed to cure such default within thirty (30) days of
such default notice (provided, however, that said thirty (30) -day period shall be extended in
accordance with Section 1 lb above if the defaulting Party has initiated the cure of said default
above and is diligently proceeding to cure the same, except that such period shall not apply to the
time frames set forth in Section 3 as set forth above), then, in addition to any and all other
remedies that may be available, either at law or in equity, the Party affected by such default shall
have the right (but not the obligation) to take such action as in its reasonable discretion and
judgment shall be necessary to cure such default. In such event, the defaulting Party hereby
agrees to pay and reimburse the Party affected by such default for all reasonable costs and
-9-
expenses (including attorneys' fees and litigation expenses) incurred by it in connection with any
action taken to cure such default.
d. The failure of the Parties to insist upon the strict and prompt performance of the
terms, covenants, agreements and conditions herein contained, or any of them, upon any other
party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's
right thereafter to enforce any such term, covenant, agreement or condition, but the same shall
continue in full force and effect.
C. If the performance of any covenant to be performed hereunder by any Party is
delayed as a result of circumstances which are beyond the reasonable control of such Party
(which circumstances may include acts of God, war, acts of civil disobedience, strikes or similar
acts) the time for such performance shall be extended by the amount of time of such delay. The
Party claiming delay of performance as a result of any of the foregoing "force majeure" events
shall deliver written notice of the commencement of any such delay resulting from such force
majeure along with an estimate of the duration of such delay event not later than twenty-one (21)
days after the claiming Party becomes aware of the same.
f. In the event legal action or other proceeding is brought for enforcement of this
Agreement or with respect to an alleged breach, default or misrepresentation, the successful or
prevailing Party shall be entitled to recover from the non -prevailing Party its reasonable
attorneys' fees and related costs (including any fees and costs incident to appeals) in addition to
any other relief hereunder to which such Party may be entitled.
g. This Agreement shall be enforceable in any court of competent jurisdiction by
either of the Village or Owner, or by any successor or successors in title or interest or by the
assigns of the Parties. The parties agree that any such action must be brought in the Circuit
Court of Cook County, Illinois, and that Illinois law will apply thereto.
12. Term. This Agreement shall be binding upon the Parties and their respective
successors and assigns for twenty (20) years, commencing as of the date hereof, and for such
longer term as hereafter may be authorized by state statute (the "Term"). If any of the terms of
this Agreement or the annexation or zoning of the Property is challenged in any court
proceeding, then, to the extent permitted by law, the period of time during which such litigation
is pending shall not be included in calculating said twenty (20) -year period. The expiration of
the Term of this Agreement shall not affect the continuing validity of the zoning of the Property,
any ordinance enacted by the Village pursuant to this Agreement or any agreement separately
entered into by the Parties pursuant to this Agreement.
13. Miscellaneous.
a. Amendments. This Agreement may be amended only by the mutual consent of
the Parties, by adoption of an ordinance by the Village approving said amendment as provided
by law, and by the execution of said amendment by the Parties or their successors in interest,
Further, the Approvals Ordinances and the documents referenced therein shall not be revoked,
amended or modified during the Tenn hereof without the consent of both the Village and Owner.
-10-
Amendments to the Approvals Ordinances affecting the Property (or any designated portion
thereof) and any modifications or changes to the information contained in the exhibits attached to
this Agreement sought by Owner may be considered and acted on by the Corporate Authorities
without the requirement of an amendment to this Agreement provided that applicable
requirements of the Village's Zoning Ordinance are satisfied and that the Corporate Authorities
vote to grant the requested amendment in the lawful exercise of their legislative discretion.
b. Severability. If any provision, covenant,. agreement or portion of this Agreement
or its application to any person, entity or property is held invalid, such invalidity shall not affect
the application or validity of any other provisions, covenants or portions of this Agreement, and
to that end, all provisions, covenants, agreements and portions of this Agreement are declared to
be severable. If for any reason the annexation or zoning of the Property is ruled invalid, in whole
or in part, the Corporate Authorities, as soon as possible, shall take such actions (including the
holding of such public hearings and the adoption of such ordinances and resolutions) as may be
necessary to give effect to the spirit and intent of this Agreement and the objectives of the
Parties, as disclosed by this Agreement.
C. Entire Agreement. This Agreement sets forth all agreements, understandings
and covenants between and among the Parties relative to the matters herein contained. This
Agreement supersedes all prior agreements, negotiations and understandings, written and oral,
relative to the matters herein contained and shall be deemed a full integration of the entire
agreement of the Parties.
d. Survival. The provisions contained herein shall survive the annexation of the
Property and shall not be merged or expunged by the annexation of the Property to the Village.
e. No Obligation to Undertake Development. Nothing contained in this
Agreement shall be deemed or construed as the obligation of Owner to proceed with the
development of the Property and construction of the Project. Rather, the rights and obligation of
Owner stated herein shall be deemed the standards for performance provided Owner proceeds
with the development of the Property (or applicable phase thereof).
f Successors and Assigns. This Agreement and the rights and obligations of each
Party contained herein shall inure to the benefit of and shall be binding upon, respectively,
Owner and its respective successors, grantees, lessees, transferees and assigns, and upon
successor Corporate Authorities of the Village and successor municipalities, and shall constitute
a covenant running with the land. This Agreement may be assigned by Owner without Village
approval and, upon said assignment and acceptance by an assignee, the assignor shall have no
further obligations hereunder. If all or any portion of the Property is sold, the seller thereof shall
be deemed to have assigned to the purchaser thereof, and such purchaser shall be deemed to have
assumed, any and all rights and obligations such seller may have under this Agreement which
affect the portion of the Property sold or conveyed, and thereafter such seller shall have no
further rights or obligations under this Agreement as it relates to the portion of the Property
conveyed unless and to the extent expressly reserved by such seller.
-11-
g. Notices. Any notice to be given or served hereunder or under any document or
instrument executed pursuant hereto shall be in writing and shall be (i) delivered personally, with
a receipt requested therefor; or (ii) sent by telecopy facsimile; or (iii) sent by a recognized
overnight courier service; or (iv) delivered by United States registered or certified mail, return
receipt requested, postage prepaid. All notices shall be addressed to the Parties at their
respective addresses set forth below, and the same shall be effective (a) upon receipt or refusal if
delivered personally or by telecopy facsimile; (b) one (1) business day after depositing with such
an overnight courier service or (c) two (2) business days after deposit in the mails, if mailed. A
Party may change its address for receipt of notices by service of a notice of such change in
accordance herewith. All notices by telecopy facsimile shall be subsequently confirmed by U.S.
certified or registered mail.
If to Village: Village of Elk Grove
901 Wellington Avenue
Elk Grove, Illinois 60007
Attention: Village President
Fax No. (847) 357-4022
with a copy to: Village of Elk Grove
901 Wellington Avenue
Elk Grove, Illinois 60007
Attention: Village Attorney
Fax No. (847) 357-4022
If to Owner: BP Products North America, Inc.
150 W. Wanenville Road
Naperville, Illinois 60563
Attention: L&ROW Dept.
Fax No. (630) 536-2612
with a copy to: DLA Piper LLP (US)
203 North LaSalle Street
Chicago, Illinois 60601
Attention: Paul Shadle
Fax No. (312) 236-7516
h. Time of Essence. Time is of the essence of this Agreement and of each and
every provision hereof.
i. Exhibits. All exhibits attached hereto are declared to be a part of this Agreement
and incorporated herein by this reference.
j. Conflicts and Inconsistencies. To the extent of any conflict, ambiguity or
inconsistency between the terms of this Agreement and the Village's Municipal Code, this
Agreement shall govern and control in all instances. If minor modifications to the exhibits
(including any plans attached hereto) became necessary, the Village Manager shall be authorized
-12-
to implement such modifications without an amendment to the Approvals Ordinances or this
Agreement.
k. Interpretation. This Agreement has been jointly negotiated by the Parties and
shall not be construed against a Party because that Party may have primarily assumed
responsibility for the drafting of this Agreement.
1. Business Day. For purposes of this Agreement, a "business day", "working day"
or similar term shall mean a day when the Village Hall and the Village departments conduct
regular administrative operations.
M. No Waiver or Relinquishment of Right to Enforce Agreement. The failure of
any Party to this Agreement to insist upon strict and prompt performance of the terms, covenants,
agreements and conditions herein contained, or any of the them, upon any other Party imposed,
shall not constitute or be construed as a waiver or relinquishment of any Party's rights to enforce
any such term, covenant, agreement or condition, but the same shall continue in full force and
effect.
n. Cumulative Remedies. Unless expressly provided otherwise herein, the rights and
remedies of the Parties provided for herein shall be cumulative and concurrent and shall include all
other rights and remedies available at law or in equity, may be pursued singly, successively or
together, at the sole and absolute discretion of the Parties and may be exercised as often as occasion
therefore shall arise.
o. Reasonable Approval. Unless otherwise expressly set forth herein to the
contrary, wherever any approval or consent of a Party is called for under this Agreement, the
same shall not be unreasonably withheld, qualified or delayed.
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
-13-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
first above written and, by so executing, each of the Parties warrants that it possesses full right
and authority to enter into this Agreement.
VILLAGE:
ATTEST:
age Clerk
VILLAG LK GROVE,
an I11i is in ipal corporation
B
Village Mayor
L411MI
BP PRODUCTS NORTH AMERICA
INC., a Maryland corporation
-14-
By: S - A- 'Uyy
Name: S. Pankhurst
Its: Attorney in Fact
STATE OF ILLINOIS
SS.
COUNTY OF COOK
The foregoing instrumfnt was acknowledged before me on e " day of 2011
2011 by
16-h ,<Td/fXISO-Aj the Mayor of the VILLAGE F ELK GR E, ]linois home rule
municipal corporation, and by ��/71Yi�e erk of said municipal
corporation. A
U Fv
PATROFFICIAff�t
SEAL Signature of
LNOTARYPUBUC-ITSEAL«SSIONS:My Commission expires:
STATE OF ILLINOIS
) SS.
COUNTY OF DUPAGE )
The foregoing instrument was acknowledged before me on 1 day ofJ,i 1 2011
by S. Pankhurst Attorney in Fact of BP PRODUCTS NORTH AMERICA IN�, a Maryland
corporation.
SEAL
My Commission expires
i 4
Signal re of Wotary
-15-
OFFICIAL SEAL
JOSEPH 9RAD16iABEL
Noisry Publk -LSE L Illinois
My Commission Expires Dec 13, 2011
Exhibit A
Legal Description of the Prooerty
THE SOUTH 40 ACRES OF THE WEST HALF OF THE SOUTHWEST QUARTER OF
SECTION 25, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, EXCEPTING FROM SAID TRACT OF LAND THAT PART THEREOF LYING
WEST AND SOUTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A
POINT IN THE NORTH LINE OF SAID TRACT OF LAND 50.0 FEET EAST, MEASURED
AT RIGHT ANGLES FROM THE WEST LINE OF THE SOUTH WEST QUARTER OF SAID
SECTION 25; THENCE SOUTH PARALLEL WITH SAID WEST LINE OF THE SOUTH
WEST QUARTER OF SECTION 25, A DISTANCE OF 1125.38 FEET TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONCAVE TO
THE NORTHEAST AND HAVING A RADIUS OF 80.0 FEET, A DISTANCE OF 92.61 FEET
TO A POINT, DISTANT 110.74 FEET NORTH, MEASURED AT RIGHT ANGLES FROM
THE SOUTH LINE OF SAID SOUTH WEST QUARTER OF SECTION 25 AND SAID
POINT BEING ALSO DISTANT 97.88 FEET EAST, MEASURED AT RIGHT ANGLES
FROM THE WEST LINE OF SAID SOUTH WEST QUARTER OF SECTION 25; THENCE
SOUTHEASTERLY ALONG A CURVED LINE CONCAVE TO THE NORTHEAST AND
HAVING A RADIUS OF 1800.00 FEET, TO A POINT DISTANT 56.0 FEET NORTH,
MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID SOUTH WEST
QUARTER OF SECTION 25, SAID POINT BEING ALSO DISTANT 486.37 FEET EAST,
MEASURED AT RIGHT ANGLES FROM SAID WEST LINE OF THE SOUTH WEST
QUARTER OF SECTION 25; THENCE EAST PARALLEL WITH SAID SOUTH LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 25, A DISTANCE OF 325.0 FEET TO A
POINT; THENCE SOUTH IN A STRAIGHT LINE, MEASURED AT RIGHT ANGLES
FROM LAST DESCRIBED COURSE, A DISTANCE OF 6.0 FEET TO A POINT, DISTANT
50.0 FEET NORTH, MEASURED AT RIGHT ANGLES FROM SAID SOUTH LINE OF THE
SOUTH WEST QUARTER OF SECTION 25; THENCE EAST IN A STRAIGHT LINE, A
DISTANCE OF 519.97 FEET TO A POINT IN THE EAST LINE OF THE WEST HALF OF
SAID SOUTH WEST QUARTER OF SECTION 25 AFORESAID, DISTANT 17.43 FEET
NORTH (AS MEASURED ALONG SAID EAST LINE) OF THE NORTH LINE OF TOUHY
AVENUE, AS DEDICATED BY PLAT DOCUMENT NUMBER 8273637; ALSO
EXCEPTING FROM SAID TRACT OF LAND, THAT PART OF ELMHURST ROAD AND
TOUHY AVENUE CONVEYED BY CONDEMNATION CASE NO. 91 L 50081 AS
DEPICTED ON PLAT OF HIGHWAYS FOR F.A.P. 525 ILLINOIS RT. 72-LANDMEIER RD.
TO ELMHURST RD. IN THE STATE OF ILLINOIS DEPARTMENT OF
TRANSPORTATION, ALL IN COOK COUNTY, ILLINOIS.
Property Identification Number: 08-25-302-001
Gml
Exhibit B
Existing Improvements Site Plan
[Attached]
EXHIBIT -
SITE PLAN
PIN: 0525302-001
ti
m
6P PIOGpC15 NOEIM1 Amenl'a Inc.
®
-
m5e`n
ENGINEERING INC.
Slle ao°
- c i—- 1-i1
. _
.--�.......«....-
Cook Conn ly, Elk G—e Vllaye, IIGcs
uco
1 c'
svEE 1E
Exhibit C
Future Improvement Site Plan
[Attached)
EXHIBIT C
FUTURE IMPROVEMENT SITE PLAN
PIN W25302-001
wun
.1 1-77
lilt—
I
Tl
fe
rWuCtS Noah AMIIIIIt� lao
SP P��
.1 1-77
lilt—
tt I�L:
p,,ft a 1-1-1
kc eche:.
el .
s"El 1�
......
Exhibit D
Form of Rezoning Ordinance
[Attached] .
ORDINANCE NO. 3269
AN ORDINANCE ANNEXING AND REZONING CERTAIN TERRITORY TO THE
VILLAGE OF ELK GROVE VILLAGE AND GRANTING A SPECIAL USE PERMIT
AND VARIATIONS FROM THE ZONING ORDINANCE (BP PRODUCTS NORTH
AMERICA INC.)
WHEREAS, a written petition has been filed with the Village Clerk of the Village of Elk
Grove Village by BP Products North America Inc. (Owner), said petition seeking annexation to
the Village of Elk Grove Village of certain land and territory legally described hereinafter; and
WHEREAS, the said land and territory is not within the corporate limits of any
municipality but is contiguous to the corporate limits of the Village; and
WHEREAS, public hearings have been held before the Plan Commission to consider
zoning of the subject property to the 1-2 Industrial District, and for consideration of the issuance
of a Special Use Permit to permit the operation of a petroleum storage facility within the 1-2
Industrial District; and
WHEREAS, any Fire Protection District, Library District, Township Road
Conunissioner, County Clerk or other entity or person entitled to notice prior to the annexation
of the Territory has been given such notice as is required by law; and
WHEREAS, the Owner and the Village have entered into a valid and binding Pre -
Annexation Agreement (the "Annexation Agreement') with respect to the annexation of the
subject property to the Village, which Annexation Agreement was considered at a Public
Hearing duly called and held according to law, and which Annexation Agreement was approved
by the Mayor and Board of Trustees of the Village pursuant to Resolution No. 3 1 -11 duly passed
and approved this 2151 day of June 2011 and by this reference is incorporated herein; and
WHEREAS, The Plan Commission of the Village of Elk Grove Village has held a public
hearing to consider the question of issuing a Special Use Permit for the operation of a petroleum
storage facility and to consider a variation pertaining to front and side yard setback requirements
of the Zoning Ordinance of the Village; and
WHEREAS, The Mayor and Board of Trustees of the Village find and believe it to be in
the best interest of the Village that the territory be annexed thereto according to the conditions
and provisions of said Pre -Annexation Agreement;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows:
Section 1: That the land and territory legally described in Exhibit "A", attached hereto
and by this reference incorporated herein, which land and territory is contiguous to the Village of
Elk Grove Village, and not within the lirnits of any other municipality, be and the same is hereby
annexed to the Village of Elk Grove Village, so that said territory shall be included within the
boundary limits of said Village as is by law in such case made and provided.
Section 2: That pursuant to public hearing and recommendation and finding of the Plan
Commission of the Village, the Village does hereby zone the subject property to the I-2
Industrial District.
Section 3: That pursuant to public hearing and recommendation and finding of the Plan
Commission of the Village, the Village hereby grants a Special Use Permit for the subject
property to permit the operation of a petroleum storage facility in accordance with Section 7 -E -4-
A, of the Zoning Ordinance of the Village.
Section 4: That pursuant to the public hearing and recommendation and finding of the
Plan Commission of the Village, the Village does hereby grant a variation of Section 3-7-D-3 of
the Zoning Ordinance by permitting an existing fence within the required front yard in
accordance with the submitted site plan.
Section 5: That pursuant to the public hearing and recommendation and finding of the
Plan Commission of the Village, the height of all existing storage tanks cannot exceed their
current height.
Section 6: As set forth in the Annexation Agreement, the Village does hereby grant a
variation of Section 8-4-3-3 of the Village Code to permit the BP logo signs to remain on the two
existing tanks, to permit an electronic billboard on an improved lot, and to permit two BP logo
signs on two future tanks.
Section 7: That this annexation is in conjunction with and subject to the terms and
conditions set forth in the Annexation Agreement heretofore incorporated by reference into this
Ordinance.
Section 8: That the Village Clerk is directed to record a certified copy of this Ordinance,
together with a Plat of Annexation of said territory with the Recorder of Deeds of Cook -County,
Illinois and amend the official map to incorporate this annexation.
2
form.
Section 9: That the Village Clerk is authorized to publish this Ordinance in pamphlet
Section 10: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 215' day of June 2011.
APPROVED this 2151 day of June 2011.
APPROVED:
_Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan Village Clerk
Published this 24`h day of June 2011.
010o1311nnnex
Exhibit E
Form of Special Use and Variation Ordinance
[Attached]
ORDINANCE NO. 3268
AN ORDINANCE AMENDING SECTION 7-E-4 OF THE ZONING ORDINANCE OF
THE VILLAGE OF ELK GROVE VILLAGE PERTAINING TO SPECIAL USES IN
THE I-2 INDUSTRIAL DISTRICT BY ADDING THERETO PETROLEUM STORAGE
FACILITIES AS A SPECIAL USE IN SAID DISTRICT
WHEREAS, the -Plan Commission of the Village of Elk Grove Village, at a Public
Hearing duly called and held according to law, considered the question of approving a Text
Amendment to the Zoning Ordinance of the Village by adding Petroleum Storage Facilities as a
Special Use in the I-2 Industrial District; and
WHEREAS, the Mayor and Board of Trustees of the Village of Elk Grove Village, after
having considered the recommendation and finding of said Plan Commission, find and believe it
to be in the best interest of the Village that the proposed Text Amendment be added to the
Zoning Ordinance as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows:
Section 1: That Section 7 -E -4.A, Special Uses in the I-2 Industrial District be and the
same is hereby amended by adding thereto Petroleum Storage Facilities.
Section 2: That Section 7-E-4 be further amended by adding thereto Section D.
Additional Conditions for Certain Special Uses and establishing special conditions for Petroleum
Storage Facilities, which amendment shall read as follows:
7-E-4.1) Additional Conditions for Certain Special Uses
1. Special Conditions for Petroleum Storage Facilities
(a) Location — All Petroleum Storage Facilities must be located in the following areas:
Fronting the west side of Elmhurst Road north of Devon and South of Estes
Avenue.
ii. Any area east of Elmhurst Road between Devon Avenue on the South and I-90 on
the north.
(b) Number of Structures — Multiple structures on a zoned lot shall be permitted. The
number and location shall be set forth on the site plan as approved by the Plan
Commission.
(c) Height — the height of structures shall not exceed sixty-five feet (65').
(d) Such additional special conditions as designated by the Plan Commission based upon
concerns and input from the Department of Engineering & Community Development,
Fire Department, Police Department and the Department of Public Works.
Section 3: That this ordinance shall be in full force and effect from and after its passage
and according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 21" day of June 2011.
APPROVED this 2151 day of June 2011.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan, Village Clerk
Exhibit F
Form of Landscape and Utility Easement
[Attached]
F -I
PREPARED BY &
AFTER RECORDING,
RETURN TO:
Gregg S. Graines
DLA Piper LLP (US)
203 N. LaSalle Street
Suite 1900
Chicago, IL 60601
LANDSCAPE AND UTILITY EASEMENT AGREEMENT
THIS LANDSCAPE AND UTILITY EASEMENT AGREEMENT ("Agreement") is
made as of this 54-4t day of -
2011 by and between BP PRODUCTS
NORTH AMERICA INC., a Mary nd corporation ("Grantor") and VILLAGE OF ELK
GROVE, an Illinois home rule municipal corporation located in Cook County, Illinois
("Grantee"), hereinafter each individually referred to as a "Party" and collectively referred to as
the "Parties."
WITNESSETH:
WHEREAS, Grantor is the owner of a parcel of land located in Elk Grove Village,
Illinois and legally described on Exhibit A attached hereto (the `BP Parcel") and made a part
hereof and depicted on the site plan attached hereto as Exhibit B and made a part hereof (the
"Site Plan");
WHEREAS, Grantee and Grantor previously entered into a certain Annexation and
Development Agreement (the "Annexation Agreement") dated tG o21 , 2011 and
recorded with the Cook County Recorder of Deeds as Doc. No. �o 3 Oa ;
WHEREAS, pursuant to the terms of the Annexation Agreement, Grantor has agreed to
grant to Grantee a landscape and utility easement over certain portions of the BP Parcel more
particularly described below; and
WHEREAS, subject to the terms of this Agreement, Grantor is willing to grant, and
Grantee desires to receive, a non-exclusive and perpetual .(i) landscape easement over that
portion of the BP Parcel depicted on the Site Plan and legally described on Exhibit C (the
"Landscape Easement Premises"); and (ii) public utility easement over that portion of the BP
Parcel depicted on the Site Plan and legally described on Exhibit D (the "Utility Easement
Premises", and together with the Landscape Easement Premises, the "Easement Premises").
NOW, THEREFORE, in consideration of the mutual agreements contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Incorporation of Recitals. All of the foregoing recitals are incorporated herein
by this reference with the same force and effect as though stated in this Section 1.
2. Grant of Landscape Easement. Subject to the terms of this Agreement, to all
existing matters, conditions of record and encumbrances, to any unrecorded existing use or
occupancy agreements and without any representation and/or warranty of any kind regarding the
BP Parcel and its suitability and fitness for the easement granted to Grantee by this Section 2,
Grantor hereby grants to Grantee and Grantee's agents, employees, licensees, contractors and
representatives (collectively "Grantee's Affiliates") a non-exclusive and perpetual landscape
easement for over and upon the Landscape Easement Premises solely for the purpose of planting,
installing and maintaining landscaping on the Landscape Easement Premises. The grant of
easement set forth in this Section 2 is subject to the following terms and conditions:
(a) Prior to installing any landscaping on the Landscape Easement Premises,
Grantee shall submit a landscape plan to Grantor for its review and approval (not to be
unreasonably withheld, conditioned or delayed) which shall identify the species and the
proposed locations of all plantings on the Landscape Easement Premises. Grantor shall
have sixty (60) days to review the landscape plan and to either approve or disapprove of
the same. If Grantor does not send written notice to Grantee by the expiration of such
sixty (60) day period either approving or disapproving said landscape plan, then such
plan shall be deemed approved by Grantor. Notwithstanding anything to the contrary
contained herein, in no event shall any of the plantings and/or landscaping planted by or
on behalf of Grantee adversely impact Grantor's ability to maintain the BP Parcel as a
secure and restricted site, as determined by Grantor in its sole and absolute discretion.
(b) At least ten (10) days (but no more than thirty (3 0) days) prior to Grantee
entering the Landscape Easement Premises for the purpose of installing, planting and/or
maintaining the landscaping, Grantee shall send written notice to Grantor identifying the
activities that Grantee intends to conduct on the Landscape Easement Premises and the
duration of the same along with a certificate of insurance which complies with Section 5
below. The notice to be sent by Grantee pursuant to this Section 2(b) shall be sent to
Grantor at the following address: Right -of -Way Agent, BP US Pipelines & Logisitics,
150 W. Warrenville Road, Naperville, IL 60563
(c) Grantee shall, at its sole cost and expense, maintain all landscaping
located on the Landscape Easement Premises to be regularly maintained, trimmed and
weeded and otherwise in a good and sightly condition. If Grantee does not maintain the
Landscape Easement Premises in accordance with the terns of this Agreement, then
Grantor, upon thirty (30) days advance written notice to Grantee, shall be permitted to
perform such maintenance work (the "Self -Delp Work") and Grantee shall reimburse
2
Grantor for the Self -Help Work within thirty (30) days of receiving a written notice from
Grantor requesting reimbursement and which shall include paid invoices and written
evidence sufficient to substantiate Grantor's reasonable and appropriate casts in
connection with such Self -Help Work.
(d) Grantee shall not construct, erect, maintain or permit any permanent
above -ground structure, installation, facility or improvement of any kind or nature
whatsoever on, over or across the Landscape Easement Parcel.
(e) Grantee shall at all times exercise its rights herein in accordance with the
terms of this Agreement and all applicable statutes, laws, orders, rules and regulations of
any governmental authority having jurisdiction over the Landscape Easement Premises,
including, but not limited to, compliance with all applicable environmental statutes, laws,
order, rules and regulations.
3. Grant of Public Utility Easement. Subject to the terms of this Agreement, to
all existing matters, conditions of record and encumbrances, to any existing unrecorded use
and/or occupancy agreements and without any representation and/or warranty of any kind
regarding the BP Parcel and its suitability and fitness for the easement granted to Grantee by this
Section 3„ Grantor hereby grants to Grantee and Grantee's Affiliates. a non-exclusive and
perpetual utility easement for under, over and upon the Utility Easement Premises solely for the
purpose of installing, operating and maintaining public water, sanitary sewer, gas, electric, cable
and telephone utility lines under, over and upon the utility Easement Premises. The grant of
easement set forth in this Section 3 is subject to the following terms and conditions:
(a) Prior to installing any utility lines on the Utility Easement Premises,
Grantee shall submit a utility plan to Grantor for its review and approval (not to be
unreasonably withheld, conditioned or delayed) which shall identify the proposed
location of the utility line(s) and the size and type of the utility line. Grantor shall have
sixty (60) days to review the utility plan and to either approve or disapprove the same. If
Grantor does not send written notice to Grantee by the expiration of such sixty (60) day
period either approving or disapproving said utility plan, then such plan shall be deemed
approved by Grantor.
(b) At least ten (10) days (but no more than thirty (30) days) prior to Grantee
entering the Utility Easement Premises for the purpose of exercising its rights under this
Section 3, Grantee shall send written notice to Grantor identifying the activities that
Grantee intends to conduct on the Utility Easement Premises and the duration of
Grantee's intended activities along with a certificate of insurance which complies with
Section 5 below. The notice to be sent by Grantee pursuant to this Section 3(b) shall be
sent to Grantor at the following address: Right -of -Way Agent, BP US Pipelines &
Logisitics, 150 W. Warrenville Road, Naperville, IL 60563.
(c) Grantee shall promptly fill in, level and/or restore, at its sole cost and
expense, the Utility Easement Parcel to a condition equal to or better than its original
condition immediately preceding any Grantee exercise of its rights in this Section 3.
3
(d) Grantee shall not construct, erect, maintain or permit any permanent
above -ground structure, installation, facility or improvement of any kind or nature
whatsoever on, over or across the Utility Easement Parcel.
(e) Grantee shall at all times exercise its rights herein in accordance with the
terms of this Agreement and all applicable statutes, laws, orders, rules and regulations of
any governmental authority having jurisdiction over the Utility Easement Premises,
including, but not limited to, compliance with all applicable environmental statutes, laws,
order, rules and regulations.
(f) Grantee shall, at its sole cost and expense, maintain the utility lines it has
installed in the Utility Easement Premises in a good condition and repair and in
compliance with all statutes, laws, orders, rules and regulations.
(g) If Grantee does not maintain the Utility Easement Premises and the utility
lines is has installed thereon in accordance with the terms of this Agreement, then
Grantor, upon thirty (30) days advance written notice to Grantee, shall be permitted to
perform Self -Help Work and Grantee shall reimburse Grantor for the Self -Help Work
within thirty (30) days of receiving a written notice from Grantor requesting
reimbursement and which shall include paid invoices and written evidence sufficient to
substantiate Grantor's reasonable and appropriate costs in connection with such Self -Help
Work.
4. Reservation of Willits. Subject to the rights herein granted, Grantor reserves the
right, without any obligation to exercise such right, to use and enjoy the Easement Premises,
including the right to relocate the Easement Premises (subject to the limitations described
below), and to grant permits, licenses and easements in the Easement Premises to third parties.
5. Indemnification and Insurance.
(a) Grantee and Grantee's. Affiliates shall indemnify and hold Grantor
harmless from and against all common law or statutory liabilities, damages, obligations,
losses, claims, civil actions, costs or expenses, including attorneys' fees, arising from any
act, omission or negligence of Grantee or Grantee's Affiliates in or about the Easement
Premises, or arising from any injury or damage to any person or property occurring in or
about the Easement Premises as a result of any act, omission or negligence of Grantee or
its contractors, licensees, agents, servants, employees, guests, invitees or visitors.
(b) Upon execution of this Agreement and during the term hereof, Grantee
shall obtain (and shall cause any of Grantee's Affiliates to obtain) and shall at all times
maintain insurance in a form approved by Grantor evidencing that Grantee has a policy of
comprehensive general liability insurance including a contractual liability endorsement
covering Grantee's obligations under Section 5(a) herein, and naming Grantor as an
additional insured party, insuring Grantee's activity upon, in or about the Easement
Premises against claims or bodily injury or death or property damage or loss with a
combined single limit of not less than Two Million Dollars ($2,000,000). Such insurance
n
policy shall be with a company licensed in the State of Illinois and otherwise reasonably
approved by Grantor, and such policy shall provide that it is not subject to cancellation or
reduction in coverage except after thirty (30) days' prior written notice to Grantor.
Grantee shall deliver to Grantor upon execution hereof, and from time to time thereafter,
certificates evidencing the existence and amounts of such insurance policy.
6. Non -Interference By Grantee. Grantee shall not interfere with the Grantor's use
of the BP Parcel and shall not interfere with the use of any existing easements, licenses or
permits on, under, above or across the BP Parcel.
7. Abandonment. In the event one or both of the easements granted to Grantee
pursuant to this Agreement have at anytime not been actively and continuously used by Grantee
for a consecutive period of two (2) years, then such easement shall automatically be deemed
abandoned by Grantee, and Grantor shall be entitled to unilaterally record a release of such
abandoned easement with the Cook County Recorder of Deeds.
8. No Liens. Grantee shall not permit any lien to be filed against the BP Parcel for
any labor or materials in connection with the rights granted to Grantee under this Agreement at
the direction or sufferance of Grantee. If any such lien is filed, Grantee, at its sole cost and
expense, shall cause such lien to be released or shall cause such lien to be insured or bonded
over, and any failure to do so for a period of more than sixty (60) days following the filing of
such a lien shall entitle Grantor to terminate this Agreement and to unilaterally record a release
of this Agreement with the Cook County Recorder of Deeds.
9. Covenants Runnine with Land. The easement, restrictions, obligations,
covenants and agreements set forth in this Agreement are intended to be and shall be construed
as covenants running with the land and shall inure to the benefit of and be binding upon the
Parties hereto and their respective heirs, successors and assigns.
10. Relationship. Nothing herein shall be construed to create or infer a partnership,
joint venture or agency relationship between the Parties hereto or their successors or assigns or to
render either Party liable for the debts and obligations of the other.
11. Entire Aereement. This Agreement contains the entire agreement between the
Parties hereto and may be executed in counterparts; no representations, inducements, promises or
agreements, oral or otherwise, between the Parties not embodied herein, shall be of any force or
affect.
12. Collection Costs; Attorneys' Fees. In any action to collect such amounts owed
by any party hereunder, the party attempting to collect such funds or enforce such lien shall be
entitled to recover as a part of its judgment all reasonable attorneys' fees and expenses
reasonably incurred in connection with such action
13. Waiver. No delay or omission by any of the Parties hereto, or their successors or
assigns, to exercise any right or power occurring upon any non-compliance or failed performance
by the other Party under the provisions of this Agreement shall impair any such right or power or
5
be construed to be a waiver thereof A waiver by either Party hereto, or its successors or assigns,
of any of the covenants, obligations, conditions or agreements hereof to be performed by
another shall not be construed to be a waiver of any succeeding breach thereof or of any
covenant, obligation, condition or agreement herein contained.
14. Notices. Any notice to be given or served hereunder or under any document or
instrument executed pursuant hereto shall be in writing and shall be (i) delivered personally, with
a receipt requested therefor; or (ii) sent by telecopy facsimile; or (iii) sent by a recognized
overnight courier service; or (iv) delivered by United States registered or certified mail, return
receipt requested, postage prepaid. All notices shall be addressed to the Parties at their
respective addresses set forth below, and the same shall be effective (a) upon receipt or refusal if
delivered personally or by telecopy facsimile; (b) one (1) business day after depositing with such
an overnight courier service or (c) two (2) business days after deposit in the mails, if mailed. A
Party may change its address for receipt of notices by service of a notice of such change in
accordance herewith. All notices by telecopy facsimile shall be subsequently confirmed by U.S.
certified or registered mail.
If to Grantee: Village of Elk Grove
901 Wellington Avenue
Elk Grove, Illinois 60007
Attention: Village President
Fax No. (847) 357-4022
with a copy to: Village of Elk Grove
901 Wellington Avenue
Elk Grove, Illinois 60007
Attention: Village Attorney
Fax No. (847) 357-4022
If to Grantor: BP Products North America Inc.
150 W. Warrenville Road
Naperville, Illinois 60563
Attention: L&ROW Dept.
Fax No. (630) 536-2612
with a copy to: DLA Piper LLP (US)
203 North LaSalle Street
Chicago, Illinois 60601
Attention: Paul Shadle
Fax No. (312) 236-7516
15. Headings. The headings used in this Agreement are inserted only as a matter of
convenience and for reference only and in no way define, limit or describe the scope of this
Agreement, nor the intent of any provision hereof or in any way affect its provisions
C]
16. Severability. If any provision, condition, covenant or other clause, sentence or
phrase of this Agreement shall become null and void or illegal for any reason, or be so held by
any court of competent jurisdiction, the remaining provisions hereof shall remain in full force
and effect.
17. Amendment. This Agreement may be amended and modified only by a written
instrument executed by the Parties hereto or the subsequent owner of the BP Parcel.
[Signature Page Follows]
7
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
first above written and, by so executing, each of the Parties warrants that it possesses full right
and authority to enter into this Agreement. .
GRANTEE:
ATTEST:
v
Page Clerk
VILLA F LK GROVE,
an Il ' ois mu ' ipal corporation
Village Mayor
GRANTOR:
BP PRODUCTS NORTH AMERICA
INC., a Maryland corporation
By:—
Name: S. Pankhurst
Its:—Attomey in Fact
STATE OF ILLINOIS
) SS.
COUNTY OF COOK
The foregoing iinstrume t was acknowledged before me on _ day of 2011 by
�
Z 16l %l • J� the Mayor of the VILLAGE/PF ELK G OVE, 111inois home rule
municipal corporation, and by. T1n/TN /u1�trtlrgreofNot erk of said municipal
corporation. 7Signa
SEAL
My Commission expires:
OFFICIAL SEAL
PATRICIA DROSCHAK
NOTARY PUBIIC - STATE OF IWNOIS
MY COMMISSION EXPIRES:10=13
STATE OF ILLINOIS
SS.
COUNTY OF DUPAGE )
The foregoing instrument was acknowledged before me on day of
2011 by S. Pankhurst Attorney in Fact of BP PRODUCTS NORTH AMERICA
INC., Maryland corporation.
OFFICIAL SEAL �°G�
PA7RICIA DROSCFIAK ,,,
NOTARY PUBUC STATE OF Il1.YlO1S Signature of notary
MY COA4.tISSION EXPIRES:lOr19tt3
SEAL OFFICIAL SEAL
JOSEPH BRAD K PABEL
My Commission expires: 1 Notary Public- State of Illinois
My Commission Expires Dec 13, 2011
EXHIBIT A
Leeal Description of BP Parcel
THE SOUTH 40 ACRES OF THE WEST HALF OF THE SOUTHWEST QUARTER OF
SECTION 25, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, EXCEPTING FROM SAID TRACT OF LAND. THAT PART THEREOF LYING
WEST AND SOUTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A
POINT IN THE NORTH LINE OF SAID TRACT OF LAND 50.0 FEET EAST, MEASURED
AT RIGHT ANGLES FROM THE WEST LINE OF THE SOUTH WEST QUARTER OF SAID
SECTION 25; THENCE SOUTH PARALLEL WITH SAID WEST LINE OF THE SOUTH
WEST QUARTER OF SECTION 25, A DISTANCE OF 1125.38 FEET TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONCAVE TO
THE NORTHEAST AND HAVING A RADIUS OF 80.0 FEET, A DISTANCE OF 92.61 FEET
TO A POINT, DISTANT 110.74 FEET NORTH, MEASURED AT RIGHT ANGLES FROM
THE SOUTH LINE OF SAID SOUTH WEST QUARTER OF SECTION 25 AND SAID
POINT BEING ALSO DISTANT 97.88 FEET EAST, MEASURED AT RIGHT ANGLES
FROM THE WEST LINE OF SAID SOUTH WEST QUARTER OF SECTION 25; THENCE
SOUTHEASTERLY ALONG A CURVED LINE CONCAVE TO THE NORTHEAST AND
HAVING A RADIUS OF 1800.00 FEET, TO A POINT DISTANT 56.0 FEET NORTH,
MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID SOUTH WEST
QUARTER OF SECTION 25, SAID POINT BEING ALSO DISTANT 486.37 FEET EAST,
MEASURED AT RIGHT ANGLES FROM SAID WEST LINE OF THE SOUTH WEST
QUARTER OF SECTION 25; THENCE EAST PARALLEL WITH SAID SOUTH LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 25, A DISTANCE OF 325.0 FEET TO A
POINT; THENCE SOUTH IN A STRAIGHT LINE, MEASURED AT RIGHT ANGLES
FROM LAST DESCRIBED COURSE, A DISTANCE OF 6.0 FEET TO A POINT, DISTANT
50.0 FEET NORTH, MEASURED AT RIGHT ANGLES FROM SAID SOUTH LINE OF THE
SOUTH WEST QUARTER OF SECTION 25; THENCE EAST IN A STRAIGHT LINE, A
DISTANCE OF 519.97 FEET TO A POINT IN THE EAST LINE OF THE WEST HALF OF
SAID SOUTH WEST QUARTER OF SECTION 25 AFORESAID, DISTANT 17.43 FEET
NORTH (AS MEASURED ALONG SAID EAST LINE) OF THE NORTH LINE OF TOUHY
AVENUE, AS DEDICATED BY PLAT DOCUMENT NUMBER 8273637; ALSO
EXCEPTING FROM SAID TRACT OF LAND, THAT PART OF ELMHURST ROAD AND
TOUHY AVENUE CONVEYED BY CONDEMNATION CASE NO. 91 L 50081 AS
DEPICTED ON PLAT OF HIGHWAYS FOR F.A.P. 525 ILLINOIS RT. 72-LANDMEIER RD.
TO ELMHURST RD. IN THE STATE OF ILLINOIS DEPARTMENT OF
TRANSPORTATION, ALL IN COOK COUNTY, ILLINOIS.
Property Identification Number: 08-25-302-001
A-1
EXHIBIT B
Site Plan
[Attached]
C
EXHIBIT B
SITE PIAN
PIN:00-25302-001
:al—.o
i
romw..<asan+w.wusa LST
__inns+.n€ca-n-n
.4-• wxe
I
p'c
7-
�. `':i. �' .rl!. •ice-x::d
j! A
R rer
\i✓..'v'� I L
— p
L =>nN
TWHY1WME e�`-aua�ue sv �p Rc zs-a-n
rv¢m [ao+ar¢
— —
BP P.otlucis Noi Mlei lnc.
........- ...uu... ➢r.: vl Sea:iana 29.-a r.r
or w r
_ _ _ _____ ��^�^•-^-- aeL ioulll Y. LIL Gr:•< xrll-ce. Ill.nc w�.ca x
m
rw
p
ale
a
u
vw
— —
BP P.otlucis Noi Mlei lnc.
........- ...uu... ➢r.: vl Sea:iana 29.-a r.r
or w r
_ _ _ _____ ��^�^•-^-- aeL ioulll Y. LIL Gr:•< xrll-ce. Ill.nc w�.ca x
EXHIBIT C
Page lof 2
Legal Description of Landscape Easement Premises
A LANDSCAPE EASEMENT, BEING THAT PART OF THE SOUTHERLY 40 ACRES OF
THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 41
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY,
ILLINOIS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHERLY 40 ACRES;
THENCE NORTH 88 DEGREES 38 MINUTES 21 SECONDS EAST ALONG THE NORTH
LINE OF SAID SOUTHERLY 40 ACRES, 70.00 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 00 DEGREES 53 MINUTES 11 SECONDS EAST ALONG A LINE 20.00
FEET EASTERLY FROM AND PARALLEL WITH THE EASTERLY RIGHT OF WAY
LINE OF .ELMHURST ROAD, 246.74 FEET, SAID LINE ALSO BEING 70.00 FEET
EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST
QUARTER OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 12 SECONDS
EAST ALONG A LINE 20.00 FEET EASTERLY FROM AND PARALLEL WITH THE
EASTERLY RIGHT OF WAY LINE OF ELMHURST ROAD HERETOFORE DEDICATED
IN CONDEMNATION CASE NO. 91 L 50081 AS PART OF TOUHY AVENUE, 176.86 FEET
TO THE WESTERLY EXTENSION OF A FENCELINE; THENCE NORTH 87 DEGREES 05
MINUTES 12 SECONDS EAST ALONG SAID FENCELINE, 5.00 FEET; THENCE SOUTH
02 DEGREES 36 MINUTES 12 SECONDS EAST ALONG A LINE 25.00 FEET EASTERLY
FROM AND PARALLEL WITH THE EASTERLY RIGHT OF WAY LINE OF SAID
ELMHURST ROAD, 324.25 FEET TO THE EASTERLY EXTENSION OF A 10.00 FOOT
BEND IN SAID ELMHURST ROAD RIGHT OF WAY LINE; THENCE NORTH 89
DEGREES 06 MINUTES 49 SECONDS EAST ALONG SAID EASTERLY EXTENSION,
9.99 FEET; THENCE SOUTH 00 DEGREES 53 MINUTES I1 SECONDS EAST ALONG A
LINE 25.00 FEET EASTERLY FROM AND PARALLEL WITH THE EASTERLY RIGHT OF
WAY LINE OF SAID ELMHURST ROAD, 265.00 FEET TO THE EASTERLY EXTENSION
OF A 10.00 FOOT BEND IN SAID ELMHURST ROAD RIGHT OF WAY LINE; THENCE
SOUTH 89 DEGREES 06 MINUTES 49 SECONDS WEST ALONG SAID EASTERLY
EXTENSION, 25.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SAID
ELMHURST ROAD; THE FOLLOWING FOUR (4) CALLS ARE ALONG THE EASTERLY
RIGHT OF WAY OF ELMHURST ROAD: 1) THENCE NORTH 00 DEGREES 53 MINUTES
I1 SECONDS WEST, 265.00 FEET; 2) THENCE SOUTH 89 DEGREES 06 MINUTES 49
SECONDS WEST, 10.00 FEET; 3) THENCE NORTH 02 DEGREES 36 MINUTES 12
SECONDS WEST, 500.22 FEET; 4) THENCE NORTH 00 DEGREES 53 MINUTES 11
SECONDS WEST, 247.29 FEET TO THE NORTH LINE OF SAID SOUTHERLY 40 ACRES;
THENCE NORTH 88 DEGREES 38 MINUTES 21 SECONDS EAST ALONG SAID NORTH
LINE, 20.00 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS,
TOGETHER WITH:
C-1
EXHIBIT C
Page 2of 2
THAT PART OF THE SOUTHERLY 40 ACRES OF THE WEST HALF OF THE
SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 11 EAST OF
THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, DESCRIBED AS
FOLLOWS:
BEGINNING AT. THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF
TOUHY AVENUE HERETOFORE DEDICATED IN CONDEMNATION CASE NO. 91 L
50081 AND A LINE 243.00 FEET EASTERLY FROM AND PARALLEL WITH THE WEST
LINE OF SAID SOUTHWEST QUARTER; SAID POINT OF BEGINNING BEING ON A
CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1689.35 FEET AND A
CHORD BEARING NORTH 81 DEGREES 58 MINUTES 36 SECONDS WEST, 75.68 FEET;
THENCE CONTINUING NORTHWESTERLY ALONG SAID TOUHY RIGHT OF WAY
LINE AND ALONG SAID CURVE AN ARC LENGTH OF 75.69 FEET TO A TANGENT
CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 125.43 FEET AND A
CHORD BEARING NORTH 40 DEGREES 47 MINUTES 24 SECONDS WEST, 160.93
FEET; THENCE CONTINUING NORTHWESTERLY ALONG SAID TOUHY RIGHT OF
WAY LINE AND ALONG SAID CURVE AN ARC LENGTH OF 174.72 FEET; THENCE
CONTINUING NORTH 00 DEGREES 53 MINUTES 11 SECONDS WEST ALONG SAID
TOUHY RIGHT OF WAY LINE, 66.93 FEET TO A 10.00 FOOT BEND IN SAID TOUHY
RIGHT OF WAY LINE; THENCE NORTH 89 DEGREES 06 MINUTES 49 SECONDS EAST
ALONG THE EASTERLY EXTENSION OF SAID BEND, 50.00 FEET; THENCE SOUTH 00
DEGREES 53 MINUTES 11 SECONDS EAST ALONG A LINE 50.00 FEET EASTERLY
FROM AND PARALLEL WITH SAID TOU14Y RIGHT OF WAY LINE, 66.93 FEET TO A
TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 75.43
FEET AND A CHORD BEARING SOUTH 40 DEGREES 47 MINUTES 24 SECONDS EAST,
96.78 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, 105.07 FEET TO A
TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1639.35
FEET AND A CHORD BEARING SOUTH 81 DEGREES 49 MINUTES 56 SECONDS EAST,
65.17 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF
65.18 FEET; THENCE SOUTH 02 DEGREES 38 MINUTES 49 SECONDS EAST, 50.70
FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
C-2
EXHIBIT D
Legal Description of Utility Easement Premises
A UTILITY EASEMENT, BEING THAT PART OF THE SOUTHERLY 40 ACRES OF THE
WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 41 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHERLY 40 ACRES;
THENCE NORTH 88 DEGREES 38 MINUTES 21 SECONDS EAST ALONG THE NORTH
LINE OF SAID SOUTHERLY 40 ACRES, 70.00 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 00 DEGREES 53 MINUTES 11 SECONDS EAST ALONG A LINE 20.00
FEET EASTERLY FROM AND PARALLEL WITH THE EASTERLY RIGHT OF WAY
LINE OF ELMHURST ROAD, 246.74 FEET, SAID LINE ALSO BEING 70.00 FEET
EASTERLY FROM AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST
QUARTER OF SECTION 25; THENCE SOUTH 02 DEGREES 36 MINUTES 12 SECONDS
EAST ALONG A LINE 20.00 FEET EASTERLY FROM. AND PARALLEL WITH THE
EASTERLY RIGHT OF WAY LINE OF ELMHURST ROAD HERETOFORE DEDICATED
IN CONDEMNATION CASE NO. 91 L 50081 AS PART OF TOUHY AVENUE, 176.86 FEET
TO THE WESTERLY EXTENSION OF A FENCELIKE; THENCE NORTH 87 DEGREES 05
MINUTES 12 SECONDS EAST ALONG SAID FENCELIKE, 5.00 FEET; THENCE SOUTH
02 DEGREES 36 MINUTES 12 SECONDS EAST ALONG A LINE 25.00 FEET EASTERLY
FROM AND PARALLEL WITH THE EASTERLY RIGHT OF WAY LINE OF SAID
ELMHURST ROAD, 324.25 FEET TO THE EASTERLY EXTENSION OF A 10.00 FOOT
BEND IN SAID ELMHURST ROAD RIGHT OF WAY LINE; THENCE NORTH 89
DEGREES 06 MINUTES 49 SECONDS EAST ALONG SAID EASTERLY EXTENSION,
9.99 FEET; THENCE SOUTH 00 DEGREES 53 MINUTES 11 SECONDS EAST ALONG A
LINE 25.00 FEET EASTERLY FROM AND PARALLEL WITH THE EASTERLY RIGHT OF
WAY LINE OF SAID ELMHURST ROAD, 265.00 FEET TO THE EASTERLY EXTENSION
OF A 10.00 FOOT BEND IN SAID ELMHURST ROAD RIGHT OF WAY LINE; THENCE
SOUTH 89 DEGREES 06 MINUTES 49 SECONDS WEST ALONG SAID EASTERLY
EXTENSION, 25.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SAID
ELMHURST ROAD; THE FOLLOWING FOUR (4) CALLS ARE ALONG THE EASTERLY
RIGHT OF WAY OF ELMHURST ROAD: I) THENCE NORTH 00 DEGREES 53 MINUTES
11 SECONDS WEST, 265.00 FEET; 2) THENCE SOUTH 89 DEGREES 06 MINUTES 49
SECONDS WEST, 10.00 FEET; 3) THENCE NORTH 02 DEGREES 36 MINUTES 12
SECONDS WEST, 500.22 FEET; 4) THENCE NORTH 00 DEGREES 53 MINUTES I
SECONDS WEST, 247.29 FEET TO THE NORTH LINE OF SAID SOUTHERLY 40 ACRES;
THENCE NORTH 88 DEGREES 38 MINUTES 21 SECONDS EAST ALONG SAID NORTH
LINE, 20.00 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
E-1-1