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HomeMy WebLinkAboutRes 18-76 04/20/1976 ~ " ,--."" I -, P I RESOLUTION NO. 18-76 A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION AGREEMENT REGULATING THE ANNEXATION OF PROPERTY LOCATED ON MAP 10-N OF THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT I ,I WHEREAS , the Corporate Authorities of the Village of Mount Prospect on April 20, I 1976, at the hour of 8: 00 p. m., did hold a public hearing upon the proposed Annexa- tion Agreement for the regulation of the annexation of certain property to the Village I of Mount Prospect, which property is located on Map 9-N in the Zoning Ordinance of I the Village of Mount Prospect; and WHEREAS, a notice of said public hearing was published in a newspaper of general circulation within the Village of Mount Prospect; and I I I' \\1JfEREAS, notice has been given and a public hearing was held on September 11, 19 5, I I at 8: 00 p.m., and on September 25, 1975, at 8: 00 p.m., before the Zoning Board of peals of the Village of Mount Prospect with respect to the aforementioned Annexation Agreement and certain rezoning to be agreed upon therein; and , I WHEREAS, the Corporate Authorities of the Village of Mount Prospect believe that I such Annexation Agreement is in the best interests of the Village of Mount Prospect; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: I SECTION ONE: That the President of the Board of Trustees of the Village of Mount II Prospect is hereby authorized to sign and the Village Clerk of the Village of Mount , Prospect is hereby authorized to attest the Annexation Agreement made a part hereof I and attached hereto as Exhibit I, which Annexation ,Agreement, pursuant to the pro- visions of Division 15.1 of Article II of Chapter 24 of the Illinois Revised Statutes, shall regulate the annexation of the following described property: I Lots 15 and 16 in C. A. Goelz' Prospect Gardens, being a sub- division of the West Half (t) of the West Half (i) of the South- east Quarter CD, together with the East two-thirds (2/3) of the North three-quarters (3/4) of the Northeast Quarter (!) of the Southwest Quarter (!) of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County , Illinois. SECTION TWO: That the said Annexation Agreement shall be binding upon the suc- cessor owners of record of the above described land which is the subject of the said Agreement and upon successor municipal authorities of this Village of Mount Prospec , Cook County, Illinois. ,~ ~, SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: 5 NAYS: 0 PASSED this 20th day of ApT'il , 1976. APPROVED this 20th day of April , 1976. ATTEST: ~~~-,~- . age Clerk -2- ~, ,I , ~ ANNEXATION AGREEMENT WHEREAS, LORAS, INC. , an Illinois corporation, hereinafter referred to as "the Owner", is the owner of a certain parcel of real estate hereinafter described and referred to hereafter as "the Subject Property"; and WHEREAS, the VILLAGE OF MOUNT PROSPECT, a municipal corporation or- ganized under the laws of the State of Illinois, hereinafter referred to as "the Village" , has the power under State law to enter into an annexation agreement such as set forth herein; and WHEREAS, contingent upon the provisions of this agreement, the Owner has heretofore expressed a desire to file a petition to annex the Subject Property to the Village; and WHEREAS, the Owner has plans for the use of the Subject Property upon its annexation to the Village, as well as plans for the use of Property In Addition to the Subject Property which is already within the corporate limits of the Village; and WHEREAS, it is beneficial to both the Village and the Owner that the Subject Property be annexed and that it, along with the Property In Addition to the Subject Property be developed as planned: NOW. THEREFORE, IT IS AGREED by and between the Village and the Owner as follows: 1. That the Village will annex, and the Owner will join the Village in the annexation of the Subject Property. A. Upon the execution hereof, the Owner will file with the Village Clerk of the Village, a proper Petition for Annexation of the Subject Property along wjth a proper Plat of Annexation containing an accurate map of the Sub- ject Property, which Plat of Annexation is attached hereto and hereby made a part hereof as Exhibit I . ~ )c ,... t 8 \,... .L /---, ""-'" B. After passage of the necessary ordinance for the annexation of the Subject Property by the Village, the Owner will pay for the entire costs of and cooperate with the Village in the recording of all documents necessary to accom- plish the said annexation of the Subject Property in the manner provided by law. 2. That upon annexation of the Subject Property, the Village will rezone the Subject Property as well as the Property In Addition to the Subject Property here- inafter described to R-2, Duplex Residence District. 3. That, pursuant to the Site Plan attached hereto and hereby made a part hereof as Exhibit II (Site Plan), the Village will approve a plan for the development of the SUbject Property as well as the Property In Addition to the Subject Property . hereinafter referred to as "the Subject Development" , which properties are legally described as follows: Subject Property Lots 15 and 16 in C. A. Goelz' Prospect Gardens. being a sub- division of the West Half (1-) of the West Half (!) of the South- east Quarter (!), together with the East two-thirds (2/3) of the North three-quarters (3/4) of the Northeast Quarter (!) of the Southwest Quarter (D of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County , Illinois. Property In Addition to Subject Property The North 331. 06 feet of the South 1653.37 feet of the East Half (t) of the Southwest Quarter (D (measured on the East line of said tract) of Section 35. Township 42 North. Range 11, East of the Third Principal Meridian. in Cook County, Illinois. 4. That the Village will approve a Plat of Subdivision presented by the Owner in the form and manner as shown upon the Plat of Subdivision attached hereto and hereby made a part hereof as Exhibit III (Subdivision Plat) . A. Such plat will subdivide the Subject Development into sixty (60) separate and distinct lots of record, for the purpose of allowing the Owner to construct or cause to be constructed duplex resi- dences on each of the said lots in accordance with the following: 1) For the Subject Development, prior to the issuance of building permits for any given building, the Owner may vary the apartment mix of the proposed residential buildings as between -2- /~, I-bedroom, 2-bedroom, or 3-bedroom dwelling units, with the understanding that in no event will the number of 3-bedroom dwelling units be increased to exceed fifty-six (56) such 3-bedroom dwelling units; and furthermore, each of the said sixty (60) duplex buildings shall be constructed substan- tially the same as one of those elevations shown upon the Archi- tectural Rendering attached hereto and hereby made a part here- of as Exhibit IV (Architectural Rending) . 2) It is understood by and between the parties hereto that at such time as Federal and/or State funding of all or part of a Senior Citi- zens' Housing Project shall be approved for portions of the Subject De- velopment. that the Village will make application for and the Owner will participate in a hearing before the Zoning Board of Appeals of the Village of Mount Prospect for the purposes of rezoning Lots 37 through 42 shown upon Exhibit III (Plat of Subdivision) attached hereto, so as to allow construction of such Senior Citizens' Housing, should the Mayor and Board of Trustees of the Village of Mount Prospect seated at the time of such petition deem it in the best interests of the Village of Mount Prospect to permit such housing as part of the SUbject Development. a) It is further understood that should such funding be made available, construction and development shall be in accord with appropriate and applicable ordinances and statutes which may then be in effect or which hereafter may be amended for the construction of such Senior Citizens' Housing. b) It is further understood that, if such funding is not , ~ .~ . ~ ~ approved within two (2) years of the date hereof, the Owner shall be allowed to undertake the construction of the aforesaid Lots 37 through 42 so as to improve same in accordance with the R-2 Duplex Residence ;~ , Zoning District as contemplated herein. i t -3- /~, ~ 5. That, at its own cost and expense, the Owner shall install or cause to be installed upon the Subject Development, such water mains, sanitary sewer mains. re- tention basins and other public improvements -- such installations to be made in a good and workmanlike manner, substantially in accordance with the plans and specifications for all of said improvements attached hereto and hereby made a part hereof as Exhibit V (Utility Plan); and in addition: A. The aforesaid public improvements as shown upon said Exhibit V (Utility Plan) shall become the property of the Village after construction of said improvements by the Owner and followed by approval of such construction and installation by' the Mayor and Board of Trustees of the Village. 1) Immediately upon the aforesaid approval by the Village. the Owner shall give title to such water mains, sanitary sewer mains. and other public improvements to the Village by a proper Bill of Sale. 2) Furthermore. not later than at the time of said approval by the Village and the giving of the aforesaid Bill of Sale by the Owner. the Owner will have posted with the Village adequate surety, in the form ap- proved by the Village Attorney, to guarantee against defects in workman- . ship and/or materials and to correct such workmanship and otherwise maintain all of the said improvements or other defects, which guarantee shall be valid and binding upon the Owner and/or surety for a period of two (2) years following the date the said public improvements become the property of the Village as outlined hereinabove. B. The Owner shall develop a water detention basin of 1. 5 acre-feet in size to be located as shown upon Exhibit III (Subdivision Plat) hereto developed in accord with the plans and specifications therefor as re- flected upon Exhibit V (Utility Plan) hereto. Such development of said water detention basin shall commence with the construction of the other public im- provements and shall be completed along with the other public improvements prior to the issuance of any Occupancy Certificates for any duplex residence constructed upon the Subject Development. -4- ,~. /-- C. The Owner agrees to install and the Village agrees to receive the ownership of certain on-site sewer and water lines. together with the neces- sary easements for access thereto and maintenance thereof, as required to serve the project as set forth on Exhibit V (Utility Plan) hereto. The Village, however, shall have the right, in the event excess capacity is desired. to re- quire the oversizing of mains and facilities; provided, however, that the Vil- lage shall pay, prior to accepting title to such mains and facilities, the addi- tional costs of materials made necessary as a result of said oversizing. 6. That the Village will issue no stop orders directing work stoppage on building or parts of the project without detailing corrective action necessary to be taken by the Owner and setting forth the section of the Municipal 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 Municipal Code. 7. That, if the Owner desires, the Village agrees to accept an irrevocable negotiable Letter of Credit from a financially responsible bank or savings and loan association in the form attached hereto and hereby made a part hereof as Exhibit VI (Letter of Credit) to insure the installation of all subdivision improvements in lieu of the subdivision bond or other surety required in the Subdivision Code of the Village. 8. That the Owner may cause the development to proceed in stages as set forth in Exhibit VII (Stage Plan) , attached hereto and hereby made a part hereof. A. The stages of development may proceed in any sequence as deter- mined by the Owner with the understanding that water mains and access roads and other public improvements within any given stage shall have been con- structed and installed by the Owner and approved by the Village in accordance with the National Fire Protection Association No. 241; 1) The engineering for sewer mains and other public improve- ments shall have received final approval and adequate surety posted for same in accord with Paragraph 7 hereinabove before the Village shall is- -5- ,~ /~\ sue any building permits for buildings located within that given stage. 2) In order for the Owner to guarantee the performance of its obligations to install and construct the public improvements set forth and shown upon Exhibit V (Utility Plan) hereto, and in lieu of any re- quirement by the Village for the Owner to post with the Village a sub- division bond, letter of credit. or other guarantee, it is understood that the Owner shall construct and install the public improvements in any given phase before applying for any building permit for any duplex residence to be constructed upon the Subject Development -- which con- struction shall proceed per phase or stages as set forth upon Exhibit VII (Stage Plan) hereto. It is understood that such construction of such pub- lic improvements per stage shall coincide with the procedures laid out hereinabove under Paragraph 5 hereto. B. "Access Roads" . shall mean those private roads meeting the ap- proval of the Mount Prospect Fire Department, which roads the Owner will install and maintain during the construction of the project contemplated herein. 9. That in order to safeguard the residents of the duplex residential dwell- ings, the Owner agrees that it will install double or "jimmy-proof" locks on all apart- ment unit entrance doors in the Subject Development for protection against burglary. 10. That all provisions, conditions, and regulations set forth in this Agree- ment and the documents or plans to which it refers shall supercede all Village ordi- nances, codes. and regulations that are in conflict herewith as they may apply to the Subject Development. However. where this Agreement is silent, the Village ordinances shall apply and control. 11. That this Agreement shall be effective for a term of five (5) years from the date hereof. A. It shall bind the heirs, successors, and assigns of the Owner, the Village, its corporate officers and their successors in office. B. Nothing herein shall in any way prevent the alienation of sale of -6- ,~ .~ the SUbject Development or portion thereof and the new owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 12. That in the event any provisions of this Agreement or part thereof shall be deemed invalid, such invalidity or said provisions or part thereof shall not affect the validity of any other provisions hereof. IN WITNESS WHEREOF. the parties hereto have entered their hands and seals this day of , 1976. (Seal) ATTEST: VILLAGE OF MOUNT PROSPECT, a municipal corporation of the County of Cook and State of Illinois By: ~~L_~p Village President Village Clerk LORAS, INC. , an Illinois corporation (Seal) ATTEST: By: -7- /~ .----.. ANNEXATION AGREEMENT WHEREAS, LORAS, INC. . an Illinois corporation, hereinafter referred to as "the Owner" . is the owner of a certain parcel of real estate hereinafter described and referred to hereafter as "the .subject Property"; and WHEREAS, the VILLAGE OF MOUNT PROSPECT, a municipal corporation or- ganized under the laws of the State of Illinois, hereinafter referred to as "the Village" , has the power under State law to enter into an annexation agreement such as set forth herein; and WHEREAS, contingent upon the provisions of this agreement, the Owner has heretofore expressed a desire to file a petition to annex the Subject Property to the Village; and WHEREAS, the Owner has plans for the use of the Subject Property upon its annexation to the Village, as well as plans for the use of Property In Addition to the Subject Property which is already within the corporate limits of the Village; and WHEREAS, it is beneficial to both the Village and the Owner that the Subject Property be annexed and that it. along with the Property In Addition to the Subject Property be developed as planned: NOW, THEREFORE, IT IS AGREED by and between the Village and the Owner as follow s: 1. That the Village will annex, and the Owner will join the Village in the annexation of the Subject Property. A. Upon the execution hereof, the Owner will file with the Village Clerk of the Village, a proper Petition for Annexation of the Subject Property along with a proper Plat of Annexation containing an accurate map of the Sub- ject Property, which Plat of Annexation is attached hereto and hereby made a part hereof as Exhibit I. ~ ~. B. After passage of the necessary ordinance for the annexation of the Subject Property by the Village, the Owner will pay for the entire costs of and cooperate with the Village in the recording of all documents necessary to accom- plish the said annexation of the Subject Property in the manner provided by law. 2. That upon annexation of the Subject Property. the Village will rezone the Subject Property as well as the Property In Addition to the Subject Property here- inafter described to R-2, Duplex Residence District. 3. That, pursuant to the Site Plan attached hereto and hereby made a part hereof as Exhibit II (Site Plan). the Village will approve a plan for the development of the Subject Property as well as the Property In Addition to the Subject Property, hereinafter referred to as "the Subject Development" , which properties are legally described as follows: Subject Property Lots 15 and 16 in C. A. Goelz' Prospect Gardens, being a sub- division of the West Half G) of the West Half (i) of the South- east Quarter (!). together with the East two-thirds (2/3) of the North three-quarters (3/4) of the Northeast Quarter (D of the Southwest Quarter (D of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Property In Addition to Subject Property The North 331. 06 feet of the South 1653.37 feet of the East Half (t) of the Southwest Quarter (D (measured on the East line of said tract) of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian. in Cook County, Illinois. 4. That the Village will approve a Plat of Subdivision presented by the Owner in the form and manner as shown upon the Plat of Subdivision attached hereto and hereby made a part hereof as Exhibit III (Subdivision Plat) . A. Such plat will subdivide the Subject Development into sixty (60) separate and distinct lots of record, for the purpose of allowing the Owner to construct or cause to be constructed duplex resi- dences on each of the said lots in accordance with the following: 1) For the Subject Development, prior to the issuance of building permits for any given building, the Owner may vary the apartment mix of the proposed residential buildings as between -2- ,.,.,--. ./~ , , I-bedroom, 2-bedroom, or 3-bedroom dwelling units, with the understanding that in no event will the number of 3-bedroom dwelling units be increased to exceed fifty-six (56) such 3-bedroom dwelling units; and furthermore, each of the said sixty (60) duplex buildings shall be constructed substan- tially the same as one of those elevations shown upon the Archi- tectural Rendering attached hereto and hereby made a part here- of as Exhibit IV (Architectural Rending) . 2) It is understood by and between the parties hereto that at such time as Federal and/or State funding of all or part of a Senior Citi- zens' Housing Project shall be approved for portions of the Subject De- velopment, that the Village will make application for and the Owner will participate in a hearing before the Zoning Board of Appeals of the Village of Mount Prospect for the purposes of rezoning Lots 37 through 42 shown upon Exhibit III (Plat of Subdivision) attached hereto, so as to allow construction of such Senior Citizens' Housing, should the Mayor and Board of Trustees of the Village of Mount Prospect seated at the time of such petition deem it in the best interests of the Village of Mount Prospect to permit such housing as part of the Subject Development. a) It is further understood that should such funding be made available, construction and development shall be in accord with appropriate and applicable ordinances and statutes which may then be in effect or which hereafter may be amended for the construction of such Senior Citizens' Housing. b) It is further understood that, if such funding is not approved within two (2) years of the date hereof, the Owner shall be allowed to undertake the construction of the aforesaid Lots 37 through 42 so as to improve same in accordance with the R-2 Duplex Residence Zoning District as contemplated herein. -3- ~'\ 5. That, at its own cost and expense, the Owner shall install or cause to be installed upon the Subject Development, such water mains, sanitary sewer mains. re- tention basins and other public improvements -- such installations to be made in a good and workmanlike manner, substantially in accordanc~ with the plans and specifications for all of said improvements attached hereto and hereby made a part hereof as Exhibit V (Utility Plan); and in addition: A. The aforesaid public improvements as shown upon said Exhibit V (Utility Plan) shall become the property of the Village after construction of said improvements by the Owner and followed by approval of such construction and installation by the Mayor and Board of Trustees of the Village. 1) Immediately upon the aforesaid approval by the Village, the Owner shall give title to such water mains, sanitary sewer mains, and other public improvements to the Village by a proper Bill of Sale. 2) Furthermore, not later than at the time of said approval by the Village and the giving of the aforesaid Bill of Sale by the Owner. the Owner will have posted with the Village adequate surety, in the form ap- proved by the Village Attorney, to guarantee against defects in workman- ship and/or materials and to correct such workmanship and otherwise maintain all of the said improvements or other defects, which guarantee shall be valid and binding upon the Owner and/or surety for a period of two (2) years following the date the said public improvements become the property of the Village as outlined hereinabove. B. The Owner shall develop a water detention basin of 1. 5 acre-feet in size to be located as shown upon Exhibit III (Subdivision Plat) hereto developed in accord with the plans and specifications therefor as re- flected upon Exhibit V (Utility Plan) hereto. Such development of said water detention basin shall commence with the construction of the other public im- provements and shall be completed along with the other public improvements prior to the issuance of any Occupancy Certificates for any duplex residence constructed upon the Subject Development. -4- ~ C. The Owner agrees to install and the Village agrees to receive the ownership of certain on-site sewer and water lines; together with the neces- sary easements for access thereto and maintenance thereof, as required to serve the project as set forth on Exhibit V (Utility Plan) hereto. The Village, however. shall have the right. in the event excess capacity is desired, to re- quire the oversizing of mains and facilities; provided, however, that the Vil- lage shall pay, prior to accepting title to such mains and facilities, the addi- tional costs of materials made necessary as a result of said oversizing. 6. That the Village will issue no stop orders directing work stoppage on building or parts of the project without detailing corrective action necessary to be taken by the Owner and setting forth the section of the Municipal 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 Municipal Code. 7. That; if the Owner desires, the Village agrees to accept an irrevocable negotiable Letter of Credit from a financially responsible bank or savings and loan association in the form attached hereto and hereby made a part hereof as Exhibit VI (Letter of Credit) to insure the installation of all subdivision improvements in lieu of the subdivision bond or other surety required in the Subdivision Code of the Village. 8. That the Owner may cause the development to proceed in stages as set forth in Exhibit VII (Stage Plan) , attached hereto and hereby made a part hereof. A. The stages of development may proceed in any sequence as deter- mined by the Owner with the understanding that water mains and access roads and other public improvements within any given stage shall have been con- structed and installed by the Owner and approved by the Village in accordance with the National Fire Protection Association No. 241; 1) The engineering for sewer mains and other public improve- ments shall have received final approval and adequate surety posted for same in accord with Paragraph 7 hereinabove before the Village shall is- -5- ,~. /~ sue any building permits for buildings located within that given stage. 2) In order for the Owner to guarantee the performance of its obligations to install and construct the public improvements set forth and shown upon Exhibit V (Utility Plan) hereto, and in lieu of any re- quirement by the Village for the Owner to post with the Village a sub- division bond, letter of credit, or other guarantee, it is understood that the Owner shall construct and install the public improvements in any given phase before applying for any building permit for any duplex residence to be constructed upon the Subject Development -- which con- struction shall proceed per phase or stages as set forth upon Exhibit VII (Stage Plan) hereto. It is understood that such construction of such pub- lic improvements per stage shall coincide with the procedures laid out hereinabove under Paragraph 5 hereto. B. "Access Roads", shall mean those private roads meeting the ap- proval of the Mount Prospect Fire Department, which roads the Owner will install and maintain during the construction of the project contemplated herein. 9 . That in order to safeguard the residents of the duplex residential dwell- ings. the Owner agrees that it will install double or' "jimmy-proof" locks on all apart- ment unit entrance doors in the Subject Development for protection against burglary. 10. That all provisions, conditions. and regulations set forth in this Agree- ment and the documents or plans to which it refers shall supercede all Village ordi- nances, codes, and regulations that are in conflict herewith as they may apply to the Subject Development. However, where this Agreement is silent, the Village ordinances shall apply and control. 11. That this Agreement shall be effective for a term of five (5) years from the date hereof. A. It shall bind the heirs. successors, and assigns of the Owner, the Village, its corporate officers and their successors in office. B. Nothing herein shall in any way prevent the alienation of sale of -6- '-'" ..--.... the SUbject Development or portion thereof and the new owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 12. That in the event any provisions of this Agreement or part thereof shall be deemed invalid, such invalidity or said provisions or part thereof shall not affect the validity of any other provisions hereof. IN WITNESS WHEREOF, the parties hereto have entered their hands and seals this day of , 1976. VILLAGE OF MOUNT PROSPECT, a municipal corporation of the County of Cook and State of Illinois (Seal) ATTEST: By: _~x1:L;:ZfZ Village President IJutfl ....1 ~_~~- ~. - --- Village Clerk LORAS, INC. , an Illinois corporation (Seal) ATTEST: By: ~~~ -7-