HomeMy WebLinkAboutOrd 2895 04/04/1979
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ORDINANCE NO. 2895
AN ORDINANCE PROVIDING FOR THE PLANNED
UNIT DEVEWPMENT OF PROPERTIES COMMONLY
KNOWN AS "THE PETROLEUM TANK. FARMS"
WHEREAS, the Zoning Board of the Vil1age of rllount Prospect did heretofore condu t
a public hearing under Case No. 81-SU-78 on November 16, 1978. at the hour of
8: 00 p.m. pursuant to a request for a special use in the nature of a planned unit
development; and
WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did also
heretofore conduct a public hearing under Case No. 82-V-78 at the aforesaid
date and time regarding a request for variations from the Zoning Ordinance of the
Village of Mount Prospect so as to allow the above requested planned unit develop-
rnen~ to continue as it presently exists or as expanded as well as to allow such
continuance to be deemed to be in conformity with the Zoning Ordinance of the Vill g
of Mount Prospect witliout the subject property being subdivided; and
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WHEREAS J a notice of the aforesaid p'ublic hearing was made in the manner provid d
by law and published in the November 1, 1978, edition of a newspaper of general
circulation within the Village of Mount Prospect; and .
WHEREAS, the Zoning Board of Appeals recommended that the development propos d
during the course of said hearing be authorized in that it would in no way be
detrimental to the Village of Mourit Prospect; and .
WHEREAS J the Building Committee of the Board of Trustees of the Village of l\'iount
Prospect has reviewed the matters herein and has recommended the approval hereo
to the President and Board of Trustees of the Village of Mount Prospect; and
WHEREAS J the Pre:sident and Board of Trustees of the Village of Mount ProDpeet
on December 19, 1978,. did hold a hearing upon a proposed annexatiQn agreement
in" the manner 'provided by IHw J which agreement included the aforementioned re-
quest for a planned unit ùevelupment; and
WHEREAS. the President and Board of Trustees of the Village of Mount Prospect
have determined that the best interests of the Village of Mount Prospect will be
attained by the adoption of the Zoning Board of Appeals' recommendation under
Case No. 81-SU-78 regarding the subject property; and
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WHEREAS, the President and Board of Trustees of the Village of Mount Prospect
have passed and approved Resolution. No .329?authorizing the execution of an
annexation agreement providing for the development of the subject property as
a planned unit development;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OFÑIÖUÑTPkoSPÊC"l'.CÕÔK'êOÛNTY.iiiÌNOIS:
SECTION ONE: That a special use permit be and ia hereby granted to allow a
petroleum tank farm. depot and pumping station as B planned unit development
upon the following described property:
That part of Section 23. Township 41 North. Range 11. East of the
Third Principal Meridian bounded and described 8S follows: Com-
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, mencing at the South East cor!1er of the Soûth W~st 1/ 'i or-said, Sec-, . '
tion 23; thence West alo~g the South line of said South West 1/4
a distance of 410 ft; thence North a distance of 670.7 ft; thence West
along a line 670.7 ft North of and parallel with said South line to a
point 586.25 ft, as measured on said parallel line, East of the West
line of said South West 1/4; thence North a dÎstance of 800 ft; thence
West a dis~ance of 586.91 it to the West line of said South West 1/4;
thence North along said WEst line to the North line of the South
264. 08 ft to the North 825 ft of the North West 1/4 of the South West
1/4 of said Section 23; thence East along said North line to the East
line of the West 1/2 of the South West 1/4 of said Section 23; thence
North along said East line to the North line of the South 1/2 of said
Section 23; thence East along the said North line of the South 1/2 of
said Section 23 to a point 1172.95 ft East of the North West corner of
the South East 1/4 of said Section 23; thence North at right angles
to said North line 60 ft more or less to a point in the South Westerly
line of Old Algonquin Road; thence South Easterly and along said
South Westerly line of Old Algonquin Road 125 ft more or less to its
intersection with the North line of said South East 1/4; thence East
along said North line to the East line of the West 1/2 of the South
East 1/4 of said Section 23; thence South along said East line a dis-
tance of 825 ft; thence West a distance of 339.54 ft to the West line of
Elmhurst-Algonquin Industrial Park Unit No.3 according to the plat
recorded February 20, 1968 as Document No. 20409121; thence South
along said West: line a distance of 1175 ft; thence West a~ong a line
parallel to the South line of said South East 1/4 to the West line of
said South East 1/4; thence South along said West line to the point of
beginning including all portions of roads adjacent thereto and not
within any other municipality, ali in Cook County, Illinois.
SECTION TWO: That the planned unit development herein and above authorized
and permitted shall be 3liowedìri accordance with ~he terIT!s set forth in an
annexation agreement between the owners of the above described land and the
Village of Mount Prospect, which annexation agreement, entered 'into and execut è
December 19, 1978, is attached hereto and hereby made a part hereof as Exhibit .
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SECTION THREE: That the text of this Ordinance shall be recorded in the Office
f the Recorder of Deeds of Cook County, Illinois, upon the execution thereof.
SECTION FOUR: That this Ordinance shall be in full force and effect from and
ter its passage, approval and publication in the manner provided by law.
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NAYS: ()
BSENT: 0
PASSED this i~~..~ay of ...... ~.
APPROVED ì:f¡¡~~.;;,'d¡'y of>/ ~
, 1979.
, 1979.
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---- Village pJ;sident
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Village Clerk . ... . I
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11/29/78
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ANNEXA T ION A GREEMENT
WHEREAS, Marathon Oil Company, Shell Oil Company, Cities
Service Company, Texaco' Inc., Atlantic Richfield, Union Oil
Company of California, Badger Pipe Line, and West Shore Pipe
Line Oil Company, hereinafter collectively referred to as
"Owner," are the owners of certain parcels of real estate
legally described in Exhibit A (Survey), attached hereto_and
hereby made a part hereof; and such property is held in the
names of the specific entities set forth in such Exhibit A and
such real estate is hereinafter referred to as "Subject Property;"
and,
WHEREAS, the Village of Mount Prospect, a.municipal corpora-
tion organized under the laws of the State of Illinois, herein-
after referred to as the "Village" has the power, under State
law, to enter into an annexation agreement such as set forth
herein; and,
WHEREAS, the OWner is desirous of annexing the Subj ect
Property of the Village contingent on the provisions of this,
Agreement; and,
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WHEREAS, both parties believe it to be in the best inter-
ests of the.Village and the OWner that the property be annexed;
NOW, THEREFORE, for and in consideration of the promise~
and mutual covenants herein made, 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 upon the terms
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and conditions set forth in this Agreement.
A.
Upon the execution hereof" the Owner shall file
with the Village a proper'Petition for Annexation of the
Subject Property along with a proper Plat of Annexation,
containing an accurate map of the Subject Property.
B.
After passage of the necessary ordinance for
the annexation of the Subject Property by the Village,
the Owner will pay for the entire cost of and cooperate
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D.
It is acknowledged by the Village that the existing
provisions of its Plann~d Unit Development Ordinance
contemplate the development of property beginning in an
undeveloped state.
The Village does, therefore, acknowl-
edge that Exhibit B (aerial photograph) showing the existing
uses, structures, traffic pattern, drainage and open space
upon the Subject Property is accepted by the Village as
full and sufficient documen~ation describing the content
of the Planned Unit Development in accordçmce with the
provisions of the Planned Unit Development section of the
Village's Zoning Ordinance.
E.
The Planned unit Development granted shall provide
that the portion of the property shown on Exhibit B
(aerial photograph) as undeveloped at the date of this
annexation or the redevelopment of any other portion of
the property may take place without further approval by
the Zoning Board of Appeals or the Village Board so long
as the development of the pròperty: (1) takes place in
conformity with the existing ordinanceS". of. the Villager
provided, however, that such ordinances may be modified
as provided in this Agreement, and, (2) constitutes a
. general expansion of fac~lities currently located anywhere
upon the Subject Property or such other uses as.are
generally utilized in a petroleum tank farm, depot and
pumping station¡ or (3) is developed in conformity with
other uses permitted in an I-I Zone.
F.
It is the intent of the Village and the Owners
in entering into this AnnexéitionAgreement to develop
and, grant to the Subject Property a special use which by
its terms and general scope shall allow all existing
uses and structures upon the property to be said to conform
with the ordinances of the Village.
In addition, the
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with the Village in the recording of all documents
necessary to accomplish the said annexation of the
Subject Property in the manner provided. by law.
2.
That upon adoption of the Annexation Ordinance, the
.Village will take the following actions regarding the zoning
and continuity of use of the Subject Property:
A.
It will amend Subsection A of Section 14.2201,
"Permitted Uses," of Article XXII, "1-1 District" to
allow as a permitted use within such district and
Subsection A of said Section:
. "Petroleum tánk farm, depot and pumping
station when developed as a part ofa
planned unit development."
B.
It will amend Subsection B of Section 14.2201,
"Permitted Uses," of Article XXII, "1-1 District" by
adding additional language to the 46th use excluded
in said Subsection B so that the 46th excluded use
shall thereafter read as follows:
"46.
Petroleum or its products, refining
or wholesale storage or distribution
of when not part of a planned unit
development."
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c.
Thereafter It will zone and classify the Subject
Property upon annexation as being within the 1-1 Light
Industrial District with a planned unit development
for a petroleum tank farm, depot and pumping station.
The terms of that planned unit development shall be such
that all existing and similar uses currently being
carried on upon the property shall be permitted uses under
the terms of the planned unit development and alÍ exi$ting
structures currently upon the property as shown on
Exhibit B (being an aerial photograph of the Subject
Property appended to and made a part of this Agreement)
shall be permitted and conforming uses under the Zoning
Ordinance and all other ordinances of the Village except
to the extent specified otherwise in Section 2G of this
Agreement.
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zoning category herein granted shall allow for expansion
into undeveloped areas and for needed maintenance, repair,
restoration, additions, or modifications of existing
facilities and for new facilities or structures as provided
in: Paragraph 2D above as "permitted" rather than "non-con-
forming" uses under the ordinances of the Village.
Piping
to and from existing facilities or new facilities may be
installed, maintained or moved in accordance with normal
practices in the petroleum industry without the need for
building permits.
In the event that any ordinances of the
Village not dealt with in this Agreement should prevent
the continuation and expansion of the development set
out herein, the Village, to the extent permitted by law,
shall modify or interpret its ordinances to carry out
the intent stated above.
G.
The Village acknowledg~s that the structures and
uses currently upon the property are in conformance with
the requirements of its ordinances except for the follow-
ing specific item:
the warehouse/office building located
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upon the property owned by Texaco
Inc., being in excess
of 10,000 square feet, shall be sprinkleredin accordance
with the ordinances of the Village of Mount Prospect cur-
rently in effect.
Texaco
Inc., will, within 90 days after
the execution of this Annexation Agreement, post with the
Village a cash bond or/other security acceptable to the
Village in an amount sufficient to guarantee the installa-
tion of the sprinkler system.
The sprinkler system shall
be installed by Texaco
Inc., on or before November 1,1979.
3.
That any amendments or changes to building,'housing,
subdivision, maintenance, fire protection, manning of facilities,
zoning or similar ordinances of the Village and including all
ordinance changes or administrative regulations or interpreta-
tions, which relate to or which seek to regulate any further
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'construction upon or operations of the Planned Unit Development
on the Subject Property sha~l not apply for the term of this
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Agreement to ,the Subject Property without the consent of the
Owner..
Provided, however, that if any changes are made to the
ordinances or administrative requ~ations which would make such
laws or rules less restrictive in their application to other
similarly situated property, then the Owner sha~~ be entitled
to the benefit of the change if the Owner so elects.
The Vi~lage shall issue no stop orders directing work
stoppages without detailing corrective action necessary'to be
taken by the Owner and setting forth the section or sections
of the Village Code being violated~
This Section 3 shall not be construed to limit the power
of the Village to apply increases in permit fees of general
application to the'Subject Property; provided, however, that
such increases in permit fees of ~eneral application as the
Village may adopt are applicable throughout the V~lage and no
fees relating to the Subject Property shall increase in a
greater proportion than the fees qenerally applicable to
commercial/industrial construction within the Village.
This Section ~ shall not be construed to ap9ly to future
amendments of regulations set forth in the Nationa~ Fire Codes
promulgated by the National Fire Protection Association (NFPA) or
the Building Officials Conference of America (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 þy the Village.
Provided, however, that if the NFPA and BOCA shall make future
amenc;lments which are not adopted by the Village but which are
favored by one or more of the Own-ers of the Subject Property,
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and to the extent that such amendment may lawfully be made to
apply to all or part of the Subject Property, that the Village,
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upon the written request of one or more of the OWners, shall
reasonably consider the adoption of such regulation to apply
within the territory owned by the applicant for the change.
4.
The Village w~ll not charge the Owner for building
permits, 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.
s.
During the term of this Annexation Agreement, no busi-
ness license fees will be charged any of the Owners of the Sub-
ject Property or other persons for engaging in any business or
occupation identical or similar to that currently being performed
by the Owners on the Subject Property.
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.
During the term
of this Annexat~on Agreement, no non-property taxes shall be ap-
plicable to any business activity or other occurrence taking
place on the Subject Property including but not limited to non-
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retail sales taxes or.taxes on the incidence of pumping, storing,
loading or otherwise transporting, receiving or distributing
petroleum products.
6.
That the Vill~ge shall not institute any special assess-
ments or special service districts within the Subject Property
without the written approval of such activity by all of the
OWners within the area proposed for the special assessment area
or special service district.
7.
The village will undertake the fire protection of the
Subject Property upon the annexation of this territory and
shall bear all costs involved with the delivering of said fire
protection services.
The Village will provide to the Subject
Property such normal fire protection services as are provided
within the corporate limits of the Village, and, in addition,
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shall provide such reasonable special services as shall be
required to fight petroleum fires.
The Village will maintain in a usable condition 550 gallons
of aqueous film forming foam commencing thirty (30) days after
the date of the annexation of the Subject Property.
On May 1,
1979,1980 and 1981, the Village will add to its then maintained
or replenished stock of aqueous film forming foam an additional
150 gallons each year, so that at the end of the three-year
period, the Village will keep and maintain 1,000 gallons of
aqueous film forming foam.
Provided, however, that the Village
may substitute other materials for aqueous film forming foam
provided that such material possesses equivalent fire-fighting
characteristics as the aqueous film forming foam and providing
that the material can be utilized in the subsurface injection
svstems to be installed by the Owner as is otherwise provided
in this Agreement, or can be applied to a fire through an
application method atìeast'as efficient as subsurface injection
which can be utilized with no additional cost to the Owner.
Within six (6) months after the execution of this Annexation
Agreement, the Village shall retrofit a 19711,000 GPM pumper
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with a ready-.foam supply on the vehicle of 150 to 200 gallons of
foam concentrate and the necessary fittings and nozzles for the
application of aqueous film forming foam.
If the Village of Mount Prospect should at any time during
the Annexation Agreement cease or be unable legally to furnish
fire protection to the Subject Property or if the Subject
Property shall remain in Elk Grove Fire Protection District as a
result of legal action taken by said District, then any Owner,
or OWners may petition the Village for the disconnection of their
territory from the Village and such petition shall be promptly
and favorably acted upon by the corporate authorities.
Before
the ,filing of such disconnection petition by an Owner or OWners, th
Village and the Owners shall jointly resist through litigation
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any action which would prevent the Village from furnishing fire
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protection services to the Subject Property or which would
seek to retain the Subject Property within the Elk Grove Fire
Protection District.
The obligation of the Owners to so
resist shall be limited to a period during which the Village is
able to furnish fire protection services.
Before filing a discon--
nection petition, as a result of cessation of service, the -Qwneror
Owners shall be required to serve written notice on the Village
that unless fire protection services are restored within
fifteen (15) days from the notice, the petition seeking discon-
nection shall be filed.
8.
During the term of this Annexation Agreement, any
utility tax passed by the Village under the terms of the
Illinois Revised Statutes or under its home rule 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 non-graduated tax applicable to single-family
residential uses in a like amount as is applicable within the
Subject Property.
9.
That, upon the execution
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hereof, the Owner shall guar-
antee the installation and completion of the water public improve-
ments and roads contemplated herein by posting a Letter.of Credit
from a sound and reput~le banking institution in the form
attached hereto and hereby made a part hereof as Exhibit C (Letter
of Credit), in an amount equal to 110% of the Village Engineer's
estimate of the cost of such improvements.
A.
In lieu. thereof, and at the election of the
OWner, and in a form acceptable to the Village, the
Village will accept surety bonds running from the
OWner to the Village.
B.
Upon completion of the public improvements' and
acceptance of same by the Village Board of Trustees of
the Village, the Letter of Credit or subdivision bond
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(as the case may be) shall be released, except'for 10%
thereof which shall be retained by the Village for
a period of two (2) years after the completion and accept-
ance by the village of said ~provements, in order to
guarantee against defects in materials and/or workmanship
of said improvements.
That there shall be no annexation fees charged in con-
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nection with the proposed annexation other than the fees
described hereinabove.
11.
The OWner will install a water distribution system upon
the Subject property in general accordance with the design set
forth upon Exhibit D (the Water Facilities Plan). The specific
location, sizes and specifications of the water lines, hydrants
and valves shall be subject to final engin~ering review and
approval of the village Engineer.
The sizing of the water
distribution system shall be such as to make available 4500 gallons
per minute at a 20 PSI residual p~essure at any point in the
looped piping system, and a minimum of 2,500 gallons per minute
at each fire hydrant or. dead end main.
It is anticipated by,.
the parties that piping of 'various diameter will be used
throughout the project to provide the require<;i flow.
In no case,
however, shall the OWner be required to install pipe with more
than a sixteen inch (16") diamter.
The water distribution ,system and the fire access roads
shall be designed by the OWner's Engineer, subject to the review
and approval by the village Engineer.
In the review and approval
of the design, the Village Engineer shall reasonably allow such
placement as shall be coordinated with existing and future petro-
leum pipes and any other facilities.
12.
The owner shall provide fire-fighting. access to the
s~ject property ~o~h ~e fi~ l~e ne~ù sho- ~n E~iliit
E (The Fire Lane Plan).
That Exhibit sets forth the existing
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roads which may be utilized in their current rorm. All' new' ,
~oadS sho~ ont~~~wor~Shal1 ~e çonstructed utilizing
. materials 'at least as durable as a~ eight inch (8") stone road
over a clay base.
The new roads shall be eighteen reet (18') il1
width~ except in those instances shown on Exhibit E (The Fire
Lane Plan) where construction or a narrower width will be per-
mitted.
Existing roads which require repair and expansion and
the extent or such repair and expansion are set rorth ,as a
. ,legend on Exhibit E (The Fire Lane flan).
Afterthe.roads.are
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instal1ed~the new roads along with the existing road network
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will be maintained by the Owner in a manne~ .to allow the sare
andefricientpassage of fire-fighting. and emergency vehicles~
including~ but not limited .to, grading, filling and snow removal.
Each individual Owner shall be required to maintain that portion
of the.f:tre lane networkexis~ing upon its property.
The
Owners. may develop among.themselves a methòdof maintaining
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such roads as are used for common. access.
,Where £ire lanes cross. property lines : and are fence,d, the.
Owners of the. adjoining property will jointly install gates suf-
f'iciently wide to'allow the passage of.a fire truck.. Gates of
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three and one-half reet (3-1/2') in width shall also be installed
in fences to allow access to fire hydrants on adjacent land.
Any new gates to be installed and all existing gat.es will be
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locked with a padlock which can be readily cut, by the Fire.
Department in order to provide access to the area.
13.
The Owner shall be allowed to continue to use for the
1if'eof' this Agreement 'any and all septic systems currently
existing upon the property and to install additional needed
septic systems.
The Owner may, at its expense, also connect to any availà.ble
sanitary sewer system.
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14.
The Owner may use existing on-site wells to furnish
potable water and for other uses, including, but not limited
to, landscape watering.,
In theèV'eni:-that any. Owner wishes to
connect into the water distribution system installed as part
of this Agreement, that Owner shall pay such connection or tap-
on fees as are presently in force within the Village. No Owner
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shall interconnect or mix well water with Village water.
15.
The water distribution system and the fire access
roads agreed to be installed by the Owner, along with such
appurtenan~es as fire access gates shall be installed as soon
as reàsonably possible and no later than November 1,1979.
16.
The Owner will grant to the Village easements of twelve
and one-half feet (12-1/2') measured from the center line of the
water distribution system shown upon Exhibit D (The Water
Facilities Plan).
Such easement shall allow the Village to
maintåin and, when required, to replace suqh water lines.
easemen ts will be granted wi thin sixty (60) days after the
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completed installation of the system.
The Village will not be
required to allow water to flow into the system or to maintain
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the system until the easements are granted.
The Owner will
also grant an easement along Badger Road in order to allow the
Village to extend, at some future time, its water system south-
ward to Oakton Street.
The easement along Badger Road shall
be fifteen (l5) feet in width except where such grant would
interfere with the Use of the road, in which case, the easement
shall be the largest possible lesser width consistent with
continuing uninterrupted use of the roadway.
After the installa-
tion of the water system, the OWner will grant a bill. of sale
for the installed water lines to the Village.
All easements
shall, at the request of the Village be granted by plat.
The
Owner will furnish to the Village, at the time easements are
granted, Das built" drawing of installed water lines, certified
to and stamped by a Registered Engineer.
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17.
Whenever in this Agreement new construction or improve-
ments to existing structures are to be accomplished within a
stated time, such time limit shall be"extended for such time as
the party required to carry out the construction or improvement
shall be prevented from perfo:cning the work, due to strike,
civil disorder, shortage of material, adverse weather or other
conditions beyond his control or where the Elk Grove Township
Fire Protection District should file an action seeking to prevent
the automatic disconnection of the Subject Property from the
District.
The extension o~ time brought about by such conditions
shall promptly cease at such time as. the adverse conditions are
no longer present or the law suit finally determined to have
been unsuccessful, and the time for performance shall be
accordingly extended for the period of time during which the
adverse conditions prevailed.
18.
On or before November 1, 1979, the individual
Owners with petroleum tanks shall install sub-surface injection
systems on their respe~tive properties.
The svstems shall be
installed so that the Fire Department shall be furnished access
into petroleum pipe lines so that aqueous film forming foam or
similar products may be injected into the pipe lines through
the use of Fire Department equipment.
The access points into
the pipe lines may be chosen so that a single access ppint shall
allow for the injection into more than one petroleum tank.
The
access points shall also be chosen with consideration given to
the availability of water and road surface to the sites.
The
design of the system shall be reviewed and shall be subject to
the approval. of the Village Engineer and the Fire Department.
In establishing the number of injection points required to
serve any petroleum tank the standards contained in NFP 11 and
NFP lIB shall govern.
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19.
T~e Owners shall pay to the Village within ninety (90)
days after the annexation of the Subject Property the sum of
Fifty Six Thousand Dollars ($56,000.00r-forthe furnishing by
the Village of water through its hydrant system for fire fighting
purposes for the life of this Agreement Six Thousand Dollars
($6,000.00) of which shall be due thirty (30) days after the
annexation.
No additional charge of any kind shall be made
for the furnishing of water for fire fighting purposes.
Provided,
however, that in the event that Subject Property remains within
the Elk Grove Township Fire Protection District and is not
automaticallý disconnected and the Subject Property is discon-
nected from the Village, then $50,000.00 of the amount paid to
the Village shall be promptly repaid.
20.
That the several provisions of this Agreement are
separable and if any court of competent jurisdiction shall
adjudge any provision of this Agreement to be invalid or un-
'Ii
enforceable, then such judgment ,and such invalidity or unen-
forceability shall not affect the validity of any other provi-
sions hereof unless the application of the remaining provisions
to either p~rtyshall be inequitable.
21.
That all provisions, conditions and regulations set
forth in this Agreement and the Exhibits attached hereto shall
supersede all Village ordinances, codes, or regulations that are
in. conflict herewith as ~ey may apply to the Subject Property.
22.
That this Agreement shall be effective for a term of
ten (10) years from the date hereof.
23.
The terms of this Agreement shall bind the Owner,
their successor owners ,of record, their heirs and assigns, the
Subject Property, the Village the Village's Corporate Officials
and their successors in office.
The Subject Property is, at the
date of this Agreement, owned by at least eight (8) ,individual
Owners.
To the extent that any obligation assumed by the "Ownern
under this Agreement is to be performed on the property owned by
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221\.
Without regard to, and with priority over, any
other provision of this Agreement if it is found that the
Subject Property is not presently conttguouS to the Village
as "contiguous" is defined.under Illinois law, the parties
will take the following âctions:
(a) Rather than seeking annexation to the Village
under the provisions of the statutes of the
State of Illinois dealing with voluntary
petitions, filed with the Corporate
Authori ties, by all property Owners, the Owners,
herein will promptly petition the Circuit
Court of Cook County for the annexation of
their property, along with such other inter-
vening property as shall render the entire
parcel to be annexed contiguous to the
Village.
The Owners shall pursue'such litiga-
t$;:on at their own expense.
. .
If the Court should
find that the petition see~ing annexation is
valid and shall request the Corporate
Authorities of the Village to vote upon the
."
annexation of the property contained in the
petition, including the SUbject Property, the
Corporate Authorit;ies shall promptly annex the
property.
In the event that t;he petition to
annex is denied by the Court, the Owners shall
continue to seek annexation in this or other
manners until December 31, 1979.
In the event
that during this time the Subject Property should
become cont~guouS to the Village, the Owners
shall promptly file voluntary petitions with
the Village seeking annexation under the provi-
stons of Chapter 24, Section 7-1-8 of the
Illinois Revised Statutes.
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(b) Immediately upon the execution of this Agreement,
the Village will commence the furnishing of fire
protection to the Subje,ctProperty in accordance
with the provisions of the first paragraph of
Clause 7 of this Agreement.
Such fire protection
services shall continue until the Subject Property
is annexed or until December 31, 1979, whichever
event should occur first.
At the time that the
property is actually.annexed, fire protection
services shall be furnished in the manner other-
wise provided in this Agreement.
(c) Prior to such time as the Subject Property shall
be on the tax rolls of the Village, the Owners
shall pay to the Village, for its fire protection
services,.the sum of Five Thousand Dollars
($5,000.00) per month or portio~ thereof.
Such
sum shall be payable quarterly.
,(
Cd) In the event that the Subject Property is not
annexed to~the Village by January 1, 1979, any
items within thi~ Agreement which are required to
..
be accomplished.at the time of the execution of
~~is Agreement (except fire protection and the
payment therefor as set out in Clause 22A
(b and c hérein) shall be extended to the actual
date of the annexation.
Any items within this
Agreement which are required to be accomplished
at specific dates shall be extended for a period
of time equal to the time between the actual date
of the annexation and Januàry 1, 1979.
{e} In the event that the Subject Property has not been
annexed to the Village, in spite of the best efforts
of the parties hereto, by December 31,1979, this
~greement shall be null and void.
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one Owner herein, such obligation shall be the responsibility of
only the Owner affected, provided, however, that the obligation
to install the water and road systems set out in this Agreement
shall be an obligation in which all Owners shall participate on
a pro rata basis.
Nothing herein shall in any way prevent the
alienations 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 expre~sed.
24.
This Agreement shall be valid when signed by all of
the parties hereto which execution may be made upon separately
signed duplicate originals of this Agreement.
IN WITNESS WHEREOF, the parties hereto have entered their
hands and seals this ~ 9 day of ~~~k , 19 7 &'. .
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Village esident
Village of Mount Prospect
~duJ~_~
Village Clerk.
APPROVED
TEXACO INC.
øø~~
Vice President
by
ATTES~ ~ ~.
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