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HomeMy WebLinkAboutOrd 2418 04/26/1973 ORD INANCE NO. 2418 AN ORDINANCE ANNEXING PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF ELMHURST ROAD AND OAKTON STREET WHEREAS, a written petition under oath signed by the owners of record of land hereinafter described has been filed with the Village Clerk of the Village of Mount Prospect requesting that said land be annexed to the Village of Mount Prospect; and WHEREAS, no electors reside within the said property to be annexed; and WHEREAS, the said land is not within the corporate limits of any munici- pality, but is contiguous to the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect find and believe it to be in the best interests of the said Village that said land and territory be annexed thereto; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That all land and territory legally described as follows: The Southeast 1/4 of the Southeast 1/4 of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian (except the North 480.0 feet of the East 931.35 feet thereof as measured parallel with the North and East lines thereof) and except the South 50.0 feet of the East 98.0 feet of the West 751.32 feet of the Southeast 1/4 of the Southeast '1/4 of S~ct~on 23 aforesaid; also The 50.0 feet lying West of and adjoining Lots 34, 35 and 36 in Lawndale Gardens Unit No.3, a subdivision of the South 644.60 feet (except the East 1910.83 feet) of the Southwest 1/4 of Section 24, Township 41 North, Range 11 East of the Third Principal Meridian; also The North 50.0 feet of the West 653.32 feet of the North- east 1/4 of the Northeast 1/4 of Section 26, Township 41 North, Range 11 East of the Third Principal Meridian, and the North 50 feet lying East of the West 1045.32 feet of ,"the Northeast 1/4 of the Northeast 1/4 of Section 26, Township 41 North, Range 11 East of the Third Principal Meridian, all in Cook County, Illinois; an accurate map of which territory is attached,hereto and made a part hereof. by this reference, be and the same is hereby annexed to the Vil- late of Mount Prospect, Cook County, Illinois. SECTION TWO: That Map 47-S contained in SECTION ONE of Ordinance _ No. 24l0~ passed and approved March 20, 1973, be amended to reflect the extention Qf the corporate limits of the Village of Mount Prospect to include the property hereinabove described and hereby annexed. SECTION THREE: That the Village Clerk of the Village of Mount Prospect is hereby directed to file in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this Ordinance, together with an accurate map of the territory annexed. 'c,., " ~ t . SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. AYES: t, NAYS: 0 PASSED and APPROVED this 26th day of April , 1973. ~ ~' 7 ~~ 7~.. ~r -;', . Village res~dent ATTEST: /' d .J//iJ I . I '//FJv(h/'/'~~ Village Clerk - 2 - ANNEXATION AGREEMENT WHEREAS, Chicago Title and Trust Company, as Trustee under agreement dated February 23, 1961, and known as Trust No. 43076, here- inafter referred to as "the Owner") is the owner of a certain pal';_c'l of real estate legally described in Exhibit I (Survey Exhibit) attached hereto and hereby made a part hereof, referred to hereafter as the "subj ect propertyl'; and WHEREAS, the Village of Mount Prospect, a municipal corporati()n~ organized wIder the laws of the State of Illinois. hereinafter referred to as "the Village,fl ,has the power, under State 1 a 1"-7 , tD enter into an annexation agreement such as set forth herein; and MIEREAS~ the Owner has heretofore filed a petition to annex the subject property to the Village, contingent on the provisions of this Agreement; and WHEREAS, both parties believe it to be in the best interests of the Village and the Owner that the subject property be annexed; and WHEREAS, the Owner has caused the land which is the subject matter of this Agreement to be planned for the uses set forth in various Exhibits. which Exhibits are incorporated by reference and made a part of this Agreement--all of said Exhibits and this the text of this Agree- ment being hereinafter collectively referred to as lithe Plan"; and WHEREAS, it is beneficial to both the Ovmer and the Village that the project be constructed in accord with the Plan; NOW, THEREFORE, it is agreed by and between the Village and the Owner as follows: 1. That the Village shall annex the subject property. The Village further shall aid in the acquisition of such easements and rights-of-way as may be necessary to provide access.of public utilities adequate to serve the subject property when fully developed in accord- ance with the Plan. For this purpose, the Village agrees to exercise its powers of condemnation, if necessary; provided that the Owner will defray all costs in connection with the acquisition of easements and rights-of-way, including costs of condemnation, if any. / ~""m",..,~'pf.;W"''''''~~''='~~?'''''''' '< ~ll> 2. That the Village shall pass such ordinances as will enable the construction of the development as contemplated by the Plan and by this Agreement. It is understood and agreed that a memorandum of the planned unit development ordinance approving the within referred to Planned Unit Development and certified by the Village Clerk shall be recorded by the Village in the Office of the Registrar of Titles, Cook County, Illinois, which memorandum shall not include the recording of any exhibits, but will include the recording of all necessary covenants guaranteeing open space. Said recording shall he done within ten (10) days of the effective date of said ordinance. However, exhibits made a part of said text and/or made a part of this Agreement shall be re- corded by the Owner with the approval of the Village Engineer as the subject matter of said exhibits is completed. Said exhibits shall be recorded as modified if necessary as a result of the conditions set forth under Paragraph 3 herein or in event of modification of the planned unit development ordinance passed for the subject development by agreement with the Village of Mount Prospect. 3. That the Owner shall cause the subject property to be improved In general conformance with the land uses and standards shown on Exhibit II (Site and Stage Plan), attached hereto and hereby made a part hereof; except as otherwise provided herein and as necessarily modified to solve engineering,layout and design problems not reasonably foreseeable at the time of the execution of this Agreement. a. The Owner shall have the right to construct a maximum of 704 multiple dwelling units shown in Stages I and 2 upon the said Exhibit II (Site and Stage Plan), which buildings shall not exceed six (6) stories or seventy (70) feet in height, whichever is the lesser. b. For each such stage I and 2, prior to the issuance of building permits, the Owner may vary the apartment mix of the proposed residential buildings as between studio, one-bedroom, two-bedroom, and three-bedroom units in conformity with the requirements of paragraph (C) "Standards" of the Planned Unit Development Ordinance, as modified by this Agreement, with the understanding that in no instance will the total '" '" ~?r number of units proposed herein be increased and that the total of three-bedroom units shall not exceed seventy (70) in number, and that there will be no four bedroom units. (c) With respect to the buildings shown on Exhibit II (Site and Stage Plan), it is understood that the total number of buildings may be decreased at the Owner's option, as econo- mics may necessitate; provided that notwithstanding any reduc- tion in the number of buildings as aforesaid, the Owner shall continue to have the right to construct up to 704 multiple dwelling units as set forth in this Agreement. It is further understood that once the Plat of Open Space Easement for any stage has been recorded, as provided in paragraph 5 hereof, upon completion of such stage of the Planned Unit Development contemplated in this Agreement, as amended or modified from time to time in accordance with applicable statutes and ordi- nances, no additional buildings or additions thereto, may be constructed within the area and territory in such stage then designed as open space on such Plat of Open Space Easement. 4. That the Village will classify, under the pTovisions of its zoning ordinance In the manner required by law, the subject property into such zoning districts (as will accommodate such proposed uses) as are shown on Exhibit III (Zoning Exhibit), attached hereto and hereby made a part hereof; including the granting of such special use permits or the approval of such planned unit developments as are necessary to ef- fectuate the development of such land as herein provided substantially in accordance with the Plan as shown on Exhibit II (Site and Stage Plan)" including without limitation, the following: a. The Village will adopt a special use ordinance pursuant to Section 5 of the Mount Prospect Zoning Ordinance for the erection and construction of one CI) Central Recreational Building, not to exceed 10,000 square feet in floor area, which will house the following facilities and uses: leasing and management offices) game rooms, sauna baths, exercise rooms, meeting rooms, and dining facilities. b. The Village will also grant special uses within that area of the said Planned Unit Development zoned R-4, for speci- - 3 - fied uses not permitted under the use regulations of the R-4 District under the Mount Prospect Zoning Ordinance, which special uses will allow the Owner to construct: (i) An automobile service station located at the intersection of Elmhurst Road (Illinois Route 83) and Oakton Street; (ii) A hotel containing 256 rooming units; and normal accessory uses thereto; (iii) A retail shopping center; (iv) Office and financial buildings; and (v) A recreational building. S. That the Owner shall execute such public and common open space easements and covenants in such form as the Village Attorney may require which designate, with particularity, the land marked as recrea- tional open space on Exhibit IV (Fire Lane and Recreational Plan), at- tached hereto and hereby made a part hereof; with the object and purpose that said land so designated be operated not-for-profit and be used for the following purposes and none other: Landscape gardens-arboretums; parks and playgrounds - public or private; tennis courts; swimming pools; skating rinks and other athletic courts or fields; driveways; parking areas for recreational facilities; public utility facilities and ease- ments; lakes, storm water retention basins; and other accessory uses incidental to the above including recreational structures. At the com- pletion of construction within any stage shown on Exhibit II (Stage Plan), the Owner will convey an easement of open space to the Village via a plat of open space easement, which plat shall reflect th~ exact location of .buildings and structures within said stage and shall, indicate that all other areas within the stage are easement areas for open space, and which plat the Owner and the Village shall jointly record with the Cook County Registrar of Titles prior to the issuance of occupancy certificates by the Village for any building(s) within said stage. - 4 - -". 6. That any future amendments or changes to building, housing, subdivision, or zoning ordinances during the term of this Agreement shall not apply to the subject property without the Owner's consent. and further, the Village shall not interpret any such future ordinances so as to prevent commencement of construction of the buildings or the development of the Plan ~ the Owner or its assignees, provided that all plans meet the requirements of all applicable ordinances except as may be modified by this Agreement. 7. Th~t future amendments to the present Building and ZJning Code in force as of this date, as well as to the laws relating to and re~ulating the construction of this planned unit development, shall not apply to the subj ect property wi thout the consent of the Owner', and that in any event, should stop orders have to be issued, such future amendments shall not be so interpreted that the subject property may not be constructed in general accordance with the Plan, provided, how~ ever, that if there are changes of said laws and the same are less restrictive in their application to other similarly situated property, then the Owner shall be entitled to the benefit of the chanp,e if it elects. 8. That the Village agrees to issue without undue delay necessary permits for the construction and operation of the development as set forth per stages as shown in the Stage Plan Exhibit (Exhibit II) so that the Owner may develop the subject property at such densities, with such mixtures of uses, at such building heights and per such other speci- fication as are outlined in the Plan on said Exhibit II (Stage Plan). 9. That the Village shall not charge the Owner for buildinB per- mit or other fees necessary for the construction of the planned unit development or portion thereof in ah amount greater than those fees presently charged under existing ordinances on the date hereof. With respect to all other license or business license fees, however. the Village agrees not to charge the Owner or occupants of premises located within the planned unit development fees in an amount greater than those fees charred other licensees in the Village at that date. - 5 - -"---~----,----,---,._~""''''^'<~-'Q~,""",~'''''''''.'''''''''''.'''-'~"'='''''''.''',,.,,,,,,,,,~",,,,,"-,,,,,..~~,,~.,,,,,.,.,....~,,,,,,,,,,,,.,,,,,,,,,~--,,,....~...,::--~. 10. That thC' VL1lage will issue nu st.op orders direct.;.~'1g work stoppage on buildings or parts of the project without detailing correc- tive action necessary to be taken by the Owner and setting forth the section of the Village Code violated by the Owner and the Owner may forthwith proceed to correct such violations as may exist or take an appeal as set forth in the Village Code. 11. That the Village will issue certificates of occupancy within thirty (30) dlYS of application or to :isst:e a letter of denial informing the Owner as to what corrections are necefsary as a condition to the issuance of a certificate of occupancy and quoting the section of the Code relied upon by the Village in its request for correction. Provided, however, that completion of an entire building shall not preclude the issuance of occupancy certificates for any finished floor, floors, or portions thereof, not otherwise in conflict with Section 21.218 of the Municipal Code of the Village of Mount Prospect of 1957, as amended. 12. That the Village ~il1 require of the Owner sufficient storm water storage on parking lots, roofs, and/or in a retention pond to meet the requirements of Mount Prospect Village Ordinance No. 2317. 13. That, within sixty (60) days after applying f~l its first building permit, the Owner will provide, at no cost to the Village, one (I) acre of land for the erection and installation of a one million gallon or greater capacity lowhead water resevoir and/or water well, which acre of land shall be located either on-site or at an off-site location approved by the Village; in exchange for which acre of land the Village agrees: a. That the water rate charged to the Owner shall be the same as the minimum rate charged to other water users in the Village, but that for the purposes of determining a minimum charge to the Owner per quarter the minimum charge by ordinance made to all other water users in the Village shall be multiplied by the total number of dwelling units and commercial use occu- pancies in the development; - 6 - b. That at least fifteen (15) days and no more than thirty (30) days prior to each of the existing quarterly billing dates the Owner agrees to notify in writing the Finance Department of the Village of Mount Prospect as to any change in the number of actual individual users within the Planned Unit Development, that is, the actual number of dwelling units and commercial use occpancies. 14. That the Owner shall install and the Village shall receive the ownership at no cost to the said Village of certain on-site sewer and water lines, together with the necessary easements for access thereto and maintenance thereof, as required to serve the project as set forth in Exhibit V (On-Site Utilities) attached. However, the . diameters of the said water mains and lines shown on Exhibit V (On-Site Utilities) will be changed in size as shall be necessary to meet the following criteria: a. Five thousand (5,000) gallons per minute (GPM) at the hotel, office, and commercial complexes shown upon Exhibit II (Site and Stage Plan); b. Four thousand (4,000) gallons per minute (GPM) for all six (6) story buildings shown upon Exhibit II (Site and Stage Plan); and c. Three thousand five hundred (3,500) gallons per minute (GPM) at all four (4) story buildings shown upon Exhibit II (Site and Stage Plan). These fire demand flows are considered minimums and are to be measured at the steamer outlets of individual fire hydrants with a ten (10) pound residual pressure. Concurrent domestic consumption will be based on one hundred (100) gallons per day per capita with a maximum pump pressure of sixty (60) pounds per square inch measured at the proposed pumping station to be located at Well No. 16, generally located in the vicinity of Busse and Algonquin Roads. Any hotel units are to be included in calculating the per capita consul1l],tion. - 7 - ___.__,4_~ " 15. That the Owner shall install and the Village shall receive the ownership of a certain outlet trunk storm sewer line as required to serve the project as well as additional properties as set forth in Exhibit VI (Off-Site Utilities) attached. 16. That the Owner shall install water main designated in Ex- hibit VI (Off-Site Utilities) to the property line of the subject property and convey ownership and title to said main to the Village. Construction of said main shall meet the requirements of the Village, and, furthermore, all costs of construction to the Owner not in excess of $93,000.00, based upon waivers of lien, shall be allowed as an off-set against building permit fees in order that the Village shall be able to pay for the construction of said main as intended herein; and in the event such building permit fees are insufficient to off-set the said costs of construction not ln excess of $93,000.00, the re- mainder shall be paid the Owner by the Village within five (5) years of the date of the completion of the installation or of the date of this Agreement, whichever is the greater period of time. 17. That the Owner will install, and the Village will permit to be installed, private roads per Village subdivision ordinances and specifications as set forth in the Plan marked Exhibit II (Site and Stage Plan); the same to be maintained by the Owner or its successor in interest without expense to the Village. 18. That ,the Owner will provide and the Village will allow the following minimum numbers of 9'x19' automobile parking spaces: a. 1.5 parking spaces for each multi-family unit; b. 1 parking space for each 200 square feet of gross floor area utilized for offices and/or banking -- pursuant to Section 20 of the Mount Prospect Zoning Ordinance in effect as of this date; c. 1 parking space for each 300 square feet of gross floor area utilized for n~tail bl:sinesses; - 8 - -~~-,.- ~'l d. I parking space for each 100 square feet of floor area utilized as public seating area in establishments dis- pensing food or beverages for consumption of same on the premises; and el 1 parking space for each hotel or motel unit; 19. That in order to safeguard the residents of multi-family dwellings, the Owner agrees that it will install double or "jimmy-proof" locks on all apartment unit entrance doors in sUbject buildings for protection against burglary. 20. That in order to safeguard the water system of the Village of Mount Prospect, the Owner will install BE CO or equal anti-siphoning devices within every building shown upon Exhibit II (Site Plan) in excess of two (2) stories in height. 21. That construction in these stages set forth in Exhibit II (Site Plan), or in any such given stage, may proceed provided public improvements have been installed in said stage(s) in accordance with National Fire Protection Association No. 241"and further provided that a security deposit has been made to the Village for the installa- tion of said public improvements; provided further, however, that said security deposit shall be returned to the Owner upon acceptance by the Village of such public improvements, but that a security deposit equal , to fifteen percent (15%) of the cost of such improvements for each such stage shall be retained by the Village for a period of twenty-four (24) months after acceptance to guarantee such improvements. Such security deposit may be a letter of credit acceptable to the Village. 22. That all provisions, conditions, and regulations set forth in this Agreement and the Exhibits to which it refers shall supersede all Village ordinances, codes, and regulations that are 'in conflict there- - 9 - ",""~,"."",""...~..""w.,,,......,,,,,,,,,,,.,,,,~~......,,,,",,,,=.'-"~--'_.. "" with as they may apply to the suhject property. Where this Agreement is silent, the Village ordinances shall apply and control. 23. That the Owner shall have the right not only to install fences and commercial signs as per the ordinances of the Village in effect as of date hereof, but shall also have the right to install fenes and signs as per Exhibit VII (Sign and Landscape Exhibit) attached hereto and hereby made a part j>(:reof. 24. That building permits shall be iss~ed forthwith upon appli- cation and submission of plans drawn in accordance with the Municipal Code of Mount Prospect, provided, however, that appropriate provisions, as herein provided, have been met to insure installation of public im- provements. 25. That this Agreement shall be effective for a term of five (5) years from date hereof and that thereafter all properties in the Planned Unit Development shall become subject to Village ordinances. This Agreement shall inure to the benefit of and be binding upon heirs and successors and assigns of the Owner, the Village, its corporate officials and successors in office, and be enforceable by order of court pursuant to the provisions of the statutes made and provided. Nothing herein shall in any way prevent alienation or sale of the sub ject property or portion thereof except that said sale shall be subject to the provisions hereof and of the Planned Unit Development Ordinance of the Village of Mount Prospect and the new Owner shall be both bene- fited and bound by the provisions, conditions, and restrictions herein and therein expressed. 26. That in the event any provisions of this Agreement shall be deemed invalid, then the invalidity of said provision shall not affect the validity of any other provision hereof. - 10 - ~_ ____.._.._._.__...._.~..____.y..~.__.....-."_.~.=~=~~'.m'''"''~.,~.___"""""".,."""=="'"=''''''=~~~...-~,~..,,.;;,." ,;1'"' " .<1l - and seals, this ,:~ day of -e:;;.-...,-w-- IN WITNESS WHEREOF, the parties hereto have entered their hands ~~. . 1973, the same being done after public hearing, notice, and statutory requirements having been fulfilled. ASST.. .9ECHETP,~ CHICAGO TITLE AND TRUST COMPANY, as Trustee under Agreement dated February 23, 1961, and known as Trust No. 43076. INn NOT P~RSONALLY. By: C9G<~~~h')( tJ~ ~_S.J~ 011 r~E VILLAGE OF MOUNT PROSPECT, a Municipal Corporation of the State of Illinois ~~ 1 age reS1 ent .:2 ATTEST: 1 By: d4~~~~ Village er '> - II - 00 I t is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, tllat each and all 01 tIle warranties, indemnities, representations, covenants, undertakings and agreements herein made on the part nf the Trustee while in form purporting to be the warranties. indemnities, representations, covenants, undertakings and agreements ,,[ said Trmtee are nevertheless each and everyone of them, made and intended not as personal warranties, indemnities, representations. covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said Tru)tcc personally but are made and intended for the purpose of binding only that portion of the trust property specifically desCflbed herein, and this instrument is executed and delivered by said Trustee not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee: and that no personal liahility or personal responsibility is assumed by nor shall at any time he asserted or enforceahle a!!ainst the Chicago Title and Trust Company or any of the beneficiaries under said Trust Agreement. on account of this instrument or on account of any warranty, indemnity, representation, covenant, undertaking or agreement of the said Trustee in this JIlstrument contained, either expressed or implied, all such personal liability. if any, heinll expressly waIved and released, "0 P M 11 P 1 0.71 STATE OF ILLINOIS, } COUNTY OF COOK SS. I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that the above named Assistant Vice President and Assistant Secretary of the CHICAGO TITLE AND TRUST COMPANY, Grantor, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Assistant Vice President and Assistant Secretary respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said Company for the uses and purposes therein set forth; and the said Assistant Secretary then and there acknowledged that said Assistant Secretary, as custodian of. the corporate seal of said Company, caused the corpo- rate seal of said Company to be affixed to said instrument as said Assistant Secretary's own free and voluntary act and as the free and voluntary act of said Company for the uses and purposes therein set forth. Given under my hand and Notarial Seal ArF 2 t.: 1973 Date Form 1329 .~-------~~~~-~"~;",",''''~~=~'''''''''-'~'''''''~''''~''''''""",",~",,,"'''",>,''''''''''''''''''.~""'~""-~~-----_.