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HomeMy WebLinkAboutRes 53-82 12/07/1982 '- RESOLU~IP1\TNQ. 53-82 A RESOLUTION TO APPROVE ANI5 AUTHORIZE THE EXECUTION OF AN M~NEXATION AGREEMENT BETWEEN ARROW ROAD CONSTRUCTION COMPANY, ITS LAND TRUST NOMINEE, AND THE VILLAGE OF MOu~T PROSPECT, ILLINOIS h~EREAS, there has been submitted to this Village by Central National Bank of Chicago, as trustee unger Trust Agreement dated May 18, 1977 and known ~s Arust No.¿246l, and by Arrow Road Construction Company, the$ole beneficiary of said Trust ¡INO. 22461,. a certain An..n. ex.. ~ti9n Agreement (a copy of which is attached hereto and made~ part of this Resolution by refer- ence); and II \iv1-J:EREAS, the said Annexation Agreement seeks to annex "certain property located north of the Northwest Tollway and ',adjaCent to Busse Road and the corporate boundaries of the Village of Mount Prospect; which real estate is legally de- scribed in said Annexation Agreement; and IÆEREAS, pursuant to the provisions of Section 11-15.1-1, let ~eq, of Chaptér 24 of the Illinois Revised Statutes, a Publichearing on the proposed. Annexation Agreement was held ,before the Mayor and Board of Trustees of the Village of ¡Mount Prospect on the 7th day of --December, 1982, pur- I suant to notice duly published on the 10th day of September ,- 1982, in the Mount Prospect Herald, as provided by law; and I I~EREAS, this Board does hereby determine it to be in ¡the best interests of the Village of Mount Prospect to approve and authorize the execution of said Annexation Agreement and lito proceed to complete .....t. he annexation of the property described therein under the terrns.and conditions so provided. ¡NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TEUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Annexation Agreement between Central National Bank of Chicago, as trustee under Trust No. 22461, and Arrow Road Construction Company, as beneficiary under paid Trust ,No. 22461, and the Village of Mount Prospect, Illinois, is hereby approved and the Mayor and the Village Clerk are hereby authorized to execute the same and to have the Village Seal affixed thereto, and to take all such further steps deemed necessary to implement the provisions of said Agreement. SECTION TWO: This Resolution and the Annexation Agreement to which it pertains shall be in full force and effect upon its passage and approval in accordance with law~ PASSED AND APPROVED this 7th day of DeceIT~er , 1982, by the affirmative vote of two-thirds of the Corporate author- ities then holding office. ~YES: Arthur, Farley, Floros, Murauskis, ~ichardson, Wattenberg NAYS: None ABSENT: None êm. 4 ~~~ MA OR "'-'- : 1 ,"," :11>, ." 1. ai, ..' ~ ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this '~{I" day of \6 'EXCHANGE NATlONAtBANK OF CHICAGO. as 1UccesllOl ... . .,1981' by and betweenACENTRAL NATIONAL BANK , as Trustee, under a Trust Agreement dated May 18, 1977, and known as Trust No. 22461 ("Central National"), and ARROW ROAD CONSTRUCTION COHPANY ("Arrow Road"), the sole bene- ficiary of Central National Trust No. 22461, and the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation located in Cook County, Illinois (hereinafter referred to as "Village"); WITNESSETH: WHEREAS, Central National is the record owner of the fol- lowing described tract of real estate ("Subject Property"): That part of the Southwest 1/4 of Section 23,' Town- ship 41 North Range ll~ast of the Third Principal Meridian described as £ol.1ows: .commencing at a point on the West line of ' -Section 23 in said Town- ship and Range, that is 1242.6 feet North of the Southwest corner thereof; thence North along said West line of Section 23,228.1 feet; thence East along a -'line that is 1470.7 feet North o£ and par- allel with the South line of said Section 23, a distance o£ 586.91 feet; thence South on a line that is 2051.50 feet West of and parallel with the East line of saið Southwest 1/4 a distance of 800, feet; thence West on a line that is 670.7 feet North of an parallel with said South line of Section 23, a distance of 24.55 feet; thence Northwesterly 791.6 feet along a line which makes a left deflec- tion of 133 degrees 45 minutes 00 seconds with the last described course to the point of beginning, all in Cook County, Illinois, and lying West of a line parallel with and distant 76 feet East of West line of Section 23, all in Cook County, Illinois; and WHEREAS, Arrow Road has by the beneficial owner's state- ment and direction, attached hereto as Exhibit A, directed Central National to execute this Agreement; and WHEREAS, the Subject Property is located in an unincor- po rated portion of Cook County, Illinois, and is shown on " . , . . . . , ," . '. , the Plat of Survey, dated August 19,1982, attached hereto and inc~rporated herein by this reference as Exhibit B; and WHEREAS, the Subject Property consists of territory which is not within the boundaries of any municipality and which is presently contiguous to, and may be annexed to, the Village as provided in Article 7 of the Illinois Municipal Code; and WHEREAS, pursuant to and in accordance with the provi-' sions of Section 7-1-8 of the Illinois Municipal Code, Ill. Rev.Stat., ch 24, § 7-1-8, there has been filed with the Village a Petition for Annexation which is attached hereto and incorporated herein by this reference as Exhibit C, executed by Central National and Arrow Road requesting an- nexation of the Subject Property; and WHEREAS, Central National and Arrow Road, (collectively, " . "the Owners") desire to have the \SubJect Property annexed to " the Village in accordance with the terms and conditions hereinafter set forth; to-wit: 1. That the Village adopt a text amendment ordinance to Article XXII of Chapter 14 (The Zoning Ordi- ilance) of the Village Code oi Mount Prospect in the form as set forth in Exhibit D attached hereto and incorporated herein by re£erence, to allow the continuation of an existing asphalt manufacture and refining use when part of a planned unit development in an I-I Light Industrial District. 2. That the Village adopt an ordinance zoning the Subject Property in the I-I Light Industrial District in the form as set forth in Exhibit E attached hereto and incorporated herein by reference. -2- ---------1 , " , "- , ". . 3. That the Village adopt an ordinance granting a special use and approving a planned unit develop- ment of the Subject Property in the form as set forth in Exhibit F, attached hereto and incor- porated herein by reference to allow the contin- uation of the existing asphalt manufacturing and, refining operation from the buildings, structures and area currently being used for such operation and to allow for further development of the Subject Property as a planned unit development. '4. That the Village adopt an ordinance granting variations, where necessary, from the regulations in the I-I Light Industrial District in the form as set forth in Exhibit G attached hereto and incorporated herein by reference, in order to bring existing ope~~tions, buildings 'and struc- , ' tures on the Subject Property "into conformity; and WHEREAS, on September 2,1982, the Zoning Board of Appeals of the Village, being the Board duly designated by the cor- ~orate authorities of the Village to hold public hearing~ on applications for zoning amendments, variations, special use, permits and planned unit development approval did hold a public hearing in all respects conforming to law, pursuant to notice thereof duly published on August 16,1982, in the Mount Prospect Herald and to notice thereof duly mailed to property owners within 250 feet of the Subject Property and to notice posted on the Subject Property; and \iliEREAS, pursuant to the provisions of Section 11-15.1-1, et seq. of the Illinois Municipal Code, Ill.Rev.Stat., ch. 24, -3- , ' .' . § 11-15.1-1, et seq. (1981), the corporate authorities of the Village _did hold a public hearing on the proposed Annexation Agreement in substance and form the same as this Agreement on December 7 ,1982, pursuant to notice duly pub- lished on September 10,1982, in the Mount Prospect Herald, as provided by law; and WHEREAS, due and timely notice of the proposed annexa- tion has been given to the Board of Trustees of the Elk Grove Rural Fire Protection District, the Highway Commissioner of Elk Grove Township and the Board of Auditors of Elk Grove Township in the manner and form required by statute as appears from the copies of such notices attached hereto, respectively, as Exhibit H; and WHEREAS, no library district has jurisdiction of the Subject Property; and \ WHEREAS, the corporate authò~ities of-the Village~ after , , due and careful consideration, hav~concluded that the annex- at~on of the Subject Property-to the Village on the terms and conditions herein set forth will enhance and promote the general welfare of the Village; and WHEREAS, following ~he aforesaid public hearings, the corporate authorities did adopt a Resolution on December 7 , 1982, by a vote of two-thirds (2/3) of the corporate authorities then holding office, approving this Agreement and directing the President to execute and the Village Clerk to attest the same on behalf of the Village; and WHEREAS, Owner has executed all petitions and other documents that are necessary to accomplish the annexation of the Subject Property to the Village. NOW, THEREFORE, for and in consideration of the mutual covenants herein made and pursuant to the provisions of -4- , ' Chapter 24, Article 11, Section 15.1-1, et seq., Ill.Rev.Stat. {1981),the parties do hereby enter into the following Annexation Agreement: SECTION ONE: Premises. The foregoing recitals are incorporated herein as findings of the President and Board of Trustees of the Village. SECTION TWO: Annexation. Contemporaneously with the execution of this Annexation Agreement, the Village agrees that it will annex the Subject Property to the Village, sub- . ject to the terms and conditions set forth in this Agreement, by adopting a proper annexing ordinance, attached hereto as Exhibit J, and incorporated herein by this reference. SECTION THREE: Amendments to Zoning Ordinance. Im- mediately subsequent to the annexation of the Subject Property, the Village shall adopt ordinances attached hereto as Exhibit D and Exhibit E and incorporate~~~rein by reference, amending , " ' Chapter 14 (The Zoning Ordinance) of the Village Code of Mount Prospect, Illinois, as follows: 1. To allow, as a special use in an I-I Light Indus- trial District, the continuation of an asphalt manufacture or refining operation in existence prior to December 1, 1982, when such use is part of a planned unit development. 2. To rezone the Subject Property into the I-I Light Industrial District. SECTION FOUR: Special Use, Planned Development and Variations Approved for Subject Property. Immediately subse- quent to the adoption of said amendments to the Zoning Ordi- nance as provided in Section Three above, the Village shall adopt the Ordinances attached hereto as Exhibits F and G and incorporated herein by reference, granting to the Owners -5- , " '. . a special use to continue an asphalt manufacture or refining operation from the buildings, structures and area currently being used for such operation on the Subject Property, as a planned unit development thereof, and to allow the further development of the Subject Property for uses permitted in the - I-I Light Industrial District or for uses listed on Exhibit I, attached hereto and incorporated herein by reference, and to further allow variations, where necessary, from the reg- ulations in the I-I Light Industrial District for the purpose of bringing the existing operation, buildings and structures on the Subject Property into conformity. In this regard, it is hereby acknowledged by all the parties to this Agreement that it is the intent of these Ordinances to approve and-authorize the continuation of all existing operations, buildings, structures and areas being currently utilized on the Subje;hProperty, including the use thereof for rock crushing, co~ete mixing and maintenanc~ of a stone hill quarry where such uses are accessory to the existing asphalt manufacture or refining operation; to approve the Subject Property as a planned unit development pursuant to the Plat thereof, attached hereto as ExhiLit 3, and to bring all existing buildings and structures and use areas on 'the Subject Property into conformity with Village Ordinances and regulations pertaining thereto; to provide for additional development or redevelopment of the Subject Property as part of the planned unit development for uses permitted in the I-I Light Industrial District, or for uses listed in the attached Exhibit I, provided that such uses are in compliance with all other Village Ordinances and regulations; and to allow the erection of an outdoor advertising sign on a portion of the Subject Property in -6- " , /',' ). ' close proximity to the Northwest Tollway provided such sign complies with st~te and Federal regulations pertaining thereto. It is further intended by the parties hereto that the uses listèd in Exhibit I, or any of them, may be undertaken on the Subject Property as part of the planned unit development without the necessity of filing a further application with the Village and submitting such uses to the Zoning Board of Appeals £or public hearing and recommendation and subsequent approval of the Village Board, so long as such additional development complies with all other zoning regulations and Village Ordinances. To. the extent that any uses listed in Exhibit I are presently excluded from the-I-l Light Industrial District, the Village will, upon' its own application, under- take the necessary zoning text amendments to provide for , " . such uses to be proper legal uses ,within the planned unit development of the Subject Property. Development and Use.of the Subject'Property. Owners agree that the use and development of the Subject SECTION FIVE: Property shall be in accordance with the provisions of this- hgr~ement' and the applicable =.:oning ordillances. However - , except as hereinafter specifically provided, ,any amendments or changes to building, housing, subdivision, maintenance, fire protection, manning of £acilities, zoning or similar ordinances of the Village and including all ordinance changes or administrative regulations or interpretations, which relate to or which seek to regulate any further construction upon or operations of the PUD on the Snbject Property shall not apply to the Subject Property without the consent of the O\mer for the term of this Agreern~nt, unless .such amendments or changes have general and uniform applicat~on throughout -7- the Village and thereafter such amendments or changes shall apply in the same manner as to other uses existing at the time of the adoption, enactment or announcement of any such ordinance, regulation or interpretation. This shall not be construed to restrict application of future amendments of regulations set forth in the National Fire Codes promulgated by the National Fire Protection Association (NFPA) or the Building Officials Conference of American (BOCA) Building and Fire Prevention Codes, which , amendments as promulgated by these national organizations shall apply to the Subject Property to the extent that such amendments are adopted by the Village. This shall not be construed to limit the power of the Village to apply to the Subject Property increases in permit fees of general application throughout the Village. No fees relating to the Subject Property shall increase in a greater proportion than the fees generally applicable to commercial/ industrial construction within the Village. The Village shall issue no stop orders directing work stoppages without detailing corrective action necessary to be taken by the Owners and setting forth the section or sections of the Village Code being violated. SECTION SIX: Fees, Contributions and Costs~ The Owners shall not be obligated to pay to the Village any £ee, con- tribution or cost by virtue of this annexation including the cost of the recording of documents necessary to accomplish the annexation of the Subject Property. Except as hereinafter specifically provided with regard to water tap-on charges, the Owners and the Village expressly agree that Owners shall pay any and all costs, expenses and fees normally charged by the Village to other Village residents for building permits, -8- , , ¡ , " , storm and sanitary sewer charges and any and all other charges and fees the Village customarily charges other Village residents. The Village will not charge the Owner for building per- mits, inspection charges or occupancy permits or any other fees regarding buildings and structures currently on the Subject Property, except for alterations and remodeling to such buildings and structures undertaken after the date of the adoption of the Ordinance annexing the Subject Property to the Village. SECTION SEVEN: Taxes. During the term of this Annexation Agreement, no ad valorem or other property tax or any other tax shall be levied against the Subject Property which is not generally levied throughout the Village or which is not levied for special services within an area containing the Subject Property. During the term of this Annexation Agreement, any utility tax passed by the Village under'~'he terms'of the Illinois Revised Statutes or under its home\uie powers, whether a tax on utility companies or-a.-tax on utility consumers'shall only apply to the Subject Property to the extent that such tax is a general nongraduated tax applicable to all other reßidential, cúInIlIerclal, and industrial uses in a like amount as is applicable within the Village. SECTION EIGHT: Public Improvements. The Village currently plans to extend its water distribution system past the Busse Road frontage of Subject Property within two years from the date of this Agreement. The Village agrees to provide two twelve-inch (12") connection points to the Owners at locations selected by them and to waive any water connection fee on account of the initial connections of the improvements on the Subject Property to the Village water system. The Owners shall grant to the Village or to the Northwest Suburban Municipal -9- ", , , Joint Action Water Agency a permanent easement (Easement A) in, to and through the westerly fifteen feet (15') of the Subject Property between the north right-of-way line of the Northwest Tollway on the south and the north property line of the Subject Property, as more particularly described on Exhibit K. Easement A shall be for the sole purpose of installing a water main and related appurtenances. The Owners shall also grant to'the Village or Water Agency a permanent easement (Easement B) in, to and through that .-.."., ','¡ , property located at'the southwest corner of the Subject Property adjacent to the east right-of-way line of Busse Road and the Northwest Tollway, as more particularly described in Exhibit L. Easement B shall be for the exclusive purpose of constructing and maintaining a below ground control/ receiving point for a supplemental water supply to the Village. . '\ . Easements' ',A and B shall, at the request of the Village, be granted by plat. The Village shal~furnish, at its expense, at the time easements are granted, drawings certified to and stamped by a Registered Engineer. The Owners shall grant Easements A and B within thirty (30) days after the adoption of the ordinances described in Section' T1;.¡0, Three aIldFour, s,upra. The Owners shall also grant to the Village or Water Agency an easement (Easement C) in and to that property ad- jacent to Easement B,as more particularly described on Exhibit M. Easement C shall begin fourteen (14) days after the Village or Water Agency has served the Owners with written notice of its intent to enter upon the Subject Property for the purpose of constructing the aforementioned water line and/or control/ receiving point and shall continue for a period of 180 days thereafter, at which time the easement shall terminate. The -10- " .' " ,- Village or Water Agency shall use Easement C solely for the construction of the aforementioned improvements in Easements A and B. After installation of the water main and construction of the control/receiving point, the Village or Water Agency shall restore all grounds or other appurtenances to the same condition they were in prior to construction. The Village or Water Agency shall, after obtaining approval of Arrow Road, provide landscape screening around the control structure at the southwest corner of the Subject Property. , , Within one year after completion of the construction of the water main in Easement A, the Owners shall guarantee the installation and completion of a water system on their prop- erty, in accordance with Village specifications, complete with a minimum of one fire hydrant at the end of water'main \ . extensions or-every 300. feet of w:ater main. \., The Owners shall install a water distribut:ion'system upon the Subject Property so as to receive a minimum of 2,500 gallons per minute at each fire hydrant or dead end main. In no case, however, shall the Owner be required to install pipe with m.::>re thdn a twelve-inch (12") diameLar. Upon completion of the Owner's on~site water distribution system, the Village shall permit the Owners to connect into the existing Village water main without charge. The two connection points shall be located in the easement-along the Owners' Busse Road frontage at points mutually agreed upon by the Village and the Owners. SECTION NINE: Miscellaneous. 1. The Owners shall, during the life of this Agree- ment, be allowed to continue to use any and all septic systems currently existing upon the -11- , " , : " ," . '-;) Subject Property. The Owners may, at their ex- pense, connect to any available sanitary sewer system providing they receive the proper permit from the regulating agency. 2. The Owners may use existing on-site wells to furnish water for 'uses other than drinking and domestic uses including, but not limited to, landscape watering. Once the Owners connect into the water distribution system of the Village, no inter-connection between the private well 3. and the public system shall be permitted. All provisions, ~onditions and regulations set forth in this Agreement and the exhibits attached hereto shall supersede all Village ordinances, codes or regulations that are in conflict here- with as they may apply to the Subject Property. The terms of this Agreement shall bind the Owner, its successor owners of record, heirs and assigns, the Subject Property, the Village, the Village's Corporate Officials, and their successors in office. Nothing herein shall in any way prevent the alienation or sale of the Subject Property or portion thereof except that such alienation or sale shall be subject to the provisions hereof, and any new Owner shall be both benefited and bound by the conditions and restrictions herein expressed. SECTION TEN: Severability. If any provision, covenant, agreement or portion of this Agreement or its application to any person, entity or property is held invalid, such in- validity shall not affect the application or validity or other -12- " ;,'. . ~ , .~ provisions, covenants, agreements or portions of this Agree- ment which can be given effect without the invalid provisions or applications, and to this end, the provisions, covenants and agreements in this Agreement are declared to be severable. SECTION ELEVEN: Term. This Agreement shall be in full force and effect from and after the date of its execution for a period of ten (10) years. SECTION TWELVE: Final Agreement. This Agreement super- sedes prior agreements, negotiations and exhibits where in conflict herewith and is a full integration of the entire agreement of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals hereunto on the day and date hereinaboye - ---, - first written. '-:, Date: OWNER: UCl!ANGE NATIONAL BANK OF CHICAGO. " / CENTRAL NATIONAL BANK EJJ! //V CHICAGO~ 'as Trustee:, under' Trust No. 22461, dated May 18, 1977, and not personally By: BENEFICIARY: ARROW ROAD CONSTRUCTION CO. By: ~ Benef' iary of Cent 1 National Bank of C icago, as Trustee, under Trust No. 22461, dated May 18,1977 - ~I , ATTEST: ~ }~~;\tl..û i-.'1 ~- -- - :::c -; -, :- .,...- ~' '- , 198t! VILLAGE: VILLAGE OF MOUNT PROSPECT By: G~., )/ ~ Pres ent ATTEST: , ~ J ;fdL4/ Village Clerk iÏlìe Agreementie IIgned by The Exchange National Ban" of C, hiCa,go. D,ot indi,VidUaIl.Y but 8.o1elv aaTrus¡ee under 0 certain T¡;ust Aÿreement kncwn a¡¡ Trull! No. ---.:I...,2,f-6./,---- Said Trust Ag¡¡een,,;;n! :1; hereby ronde Q part her&óf, cndl';:y olaim.~ against said Trustee whiohM'::, ¡osvJ~ frO'1J. 1:1e ~.¡;:l'¡"£; ::>f IMs Agree- ment shall be p,-,yable 0~'è1 œ.1,! ".f ,-,,':y tmst prop"rcy ',.>..hlch may be -13E1ld t!).ereunclez, and said Tr",;!!",,", shall no! be p.",-s ):!oUy liable for the perfo¡manoe of any oi the ¡atCl2 Qnd condi!ions ,,{,his agreement Of ,for the ,validity or conditionaf ¡he tiHe of 8Qid property 6f for any :1tJreement with respect thereto. Any and all personal liability cJi '('he Exchange National Ban,k of Chicago ii\ hereby expressly waiv-" ~v the parties hereto ànd thek reapaati"8 8UCa88llO.t8 cmd CI88Íq : 8;, . . EXHIBIT I PERNITTED USES INDUSTRIAL USES Assembly firms, without fabrication, of completely fabricated parts Asphalt products manufacturing Concrete mixing plants Contractors' construction offices, shops, and yards, such as building, cement, electrical, heating, ventilating and air conditioning, masonry painting, plumbing, refrigeration, and roofing Heavy machinery production Meat packing, but not stockyards or slaughter houses Packing and crating services Pharmaceutical industries Plastics manufacturing Printing, publishing, or lithography establishments Research and development laboratory facilities Steel production and fabrication, but not smelters Woodworking and wood products manufacturing WHOLESALE AND WAREHOUSE USES Automotive storage facilities; vehicles in self-operating condition Beverage distributors Concrete products storage Storage facilities ~varehouses Wholesale establishments RETAIL BUSINESS USES Fuel oil dealers Fuel sales . . , . , " .~. .' ~., " -2- Lumber companies and/or yards Plumbing and heating showrooms and shops Retail outlet stores, accessory to a manufacturing or wholesale establishment SERVICE USES Electrical shops Glazing shops Parcel delivery service Radio and television studios, stations, and towers, transmitting and receiving Refrigeration shops Sheet metal shops Sign contractors Signs, as regulated by Chapter 9, Article III, of the Village Code Water softener service Welding shops Window cleaning firms Office uses MISCELLANEOUS Storage of uncontained bulk materials; outdoor' Petroleum or its products, refining or wholesale storage of when it is part ofPUD - Rock crusher, when accessory to asphalt manufacturing Stone hill or quarry when accessory to asphalt manufacturing , . ; -: 'i: