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HomeMy WebLinkAbout2393_001ROB ROY ANNEXATION AGREEMENT WHEREAS, the LaSalle National Bank, as Trustee, under Trust Number , is owner of a parcel of real estate hereinafter re- ferred t.o as "Subject Property", which land is legally described in Exhibit I (survey exhibit) attached, and Roy Gottlieb is the bene- ficiary of said trust, having complete and full power of direction as to said trust, hereinafter referred to as "Owner"; and WHEREAS, the Village of Mount Prospect, a municipal corporation, organized under the laws of the State of Illinois, hereinafter re- ferred to as "Village", has the power, under State law, to enter into an annexation agreement such as set forth herein; and WHEREAS, the Owner has heretofore filed a petition to annex the subject property to the Village, contingent on the provisions of this Agreement; and WHEREAS, both parties believe it to be in the best interests of the Village and the Owner that the Subject Property be annexed; and WHEREAS, the Owner has caused the Subject Property to be planned for the uses set forth in various Exhibits, Numbers I to V, inclusive, which Exhibits incorporated by reference and made a part of this Agree ment, are hereinafter referred to as "The Plan", each of said docu- ments being marked: "Exhibits to Annexation Agreement, dated 1 1972, be- tween LaS_ane NatiC) nal Bank as Trustee by Roy Gottlieb as bene- ficiary with power of direction, and the Village of Mount Prospect." WHEREAS, it is necessary for the Owner -- in arranging, financing, and producing the Plan for the Subject Property -- to minimize and restrict future changes in the zoning, building and other laws of the !J Village relating to the construction, the operation, and the mainte- nance of the Plan so that extensive and more detailed construction plans may be prepared and so that the Plan may be produced on the Subject Property; and WHEREAS, it is beneficial to both the Owner and the Village that the project be constructed on the Subject Property in accordance with the Plan; NOW, THEREFORE, it is agreed by and between the Village and the Owner as follows: 1. That the Village will annex the Subject Property. The Vil- lage further agrees that it shall aid in the acquisition of such ease- ments and rights-of-way as may be necessary to provide access of pub- lic utilities adequate to serve the Subject Property when fully developed in accordance with the Plan. For this purpose, the Village agrees to exercise its powers of condemnation, if necessary; provided that the Owner will defray all costs in connection with the acquisition of ease- ments and rights-of-way, including costs of condemnation, if any. 2. That the Village will pass such ordinances as will enable the construction of the development as contemplated by the Plan and by this Agreement. It is understood and agreed that a memorandum of the planned unit development ordinance approving the within referred to planned unit development and certified by the Village Clerk shall be recorded by the Village in the Office of the Recorder of Deeds, Cook County, Illinois, which memorandum shall not include the recording of any ex- hibits, but will include the recording of all necessary covenants guaranteeing open space, as well as the text of the Planned Unit Develop- ment Ordinance passed and approved by the Village for the Subject Property. Said recording shall be done within ten (10) days of the passage of such ordinance. However, Exhibits made a part of said text and/or made a part of this Agreement shall be recorded by the Owner with the approval of the Village Engineer as the subject matter of said 2 exhibits is completed. Said exhibits shall be recorded as modified if necessary as a result of the conditions set forth under paragraph 3 herein or in the event of modification of the Planned Unit Development Ordinance passed for the Subject Property by agreement with the Village of Mount Prospect, 3. That the Owner shall cause the Subject Property to be im- proved in general conformance with the land uses and standards shown on Exhibit II (Site Plan), attached hereto and hereby made a part hereof) except as otherwise provided herein and as necessarily modified to solve engineering layout and design problems not reasonably foreseeable at the time of the execution of this Agreement. The Owner has the further right and without any formal hearing, for each stage, prior to the issuance of building permits, to vary the apartment mix of the pro- posed residential buildings as between studio, one- and two-bedroom units and may reduce the number of three-bedroom and four-bedroom units, in conformity with the requirements of paragraph (C) "Standards" of Section 5.1 of the Mount Prospect Zoning Ordinance. 4. That the Village will classify, under the provisions of its zoning ordinance in the manner required by law, the Subject Property into such zoning districts (as will accommodate such proposed uses) as are shown on Exhibit III (Zoning Plan), attached hereto and hereby made a part hereof, including the granting of special use permits, or the approval of such planned unit developments as are necessary to effectuate the development of such land as herein provided substantially in accordance with the Plan as shown on Exhibit II (Site Plan). 5. That the Owner will execute such public and common open space easements and covenants in such form as the Village Attorney may re- quire, which designate, with particularity, the land marked as open space on Exhibit II (Site Plan), with the object and purpose that said land so designated be operated not-for-profit and be used for the fol- lowing purposes and none other: Landscape gardens -arboretums, parks and playgrounds - public or private, golf courses, tennis courts, swimming pools, skating rinks and other athletic courts or fields, driveways, parking areas for recreational facilities, public utility facilities and easements, lakes, storm water retention basins and ac- cessory uses incidental to the above including recreational structures. 6. That any amendments or changes to building, housing, subdivision, or zoning ordinances during the terms of this Agreement shall not apply to the Subject Property without the Owner's consent, and further, there shall be no interpretation of any such ordinances so as to prevent com- mencement of construction of the buildings or the development of the Plan by the Owner or its assignees, provided that all plans meet the requirements of all applicable ordinances except as may be modified by this Agreement, 7. That amendments to the present Building and Zoning Code in force as of this date as well as to the laws relating to and regulating the construction of this planned unit development shall not apply to the Subject Property without the consent of the Owner, and that in any event, should stop orders have to be issued, such amendments shall not be so interpreted that the subject property may not be constructed in general accordance with the plan, provided, however, that if there are changes of said laws and the same are less restrictive in their application tri other similarly situated property, then the Owner shall be entitled to the benefit of the change if it elects. 8. That the Village will issue without undue delay necessary permits for the construction and operation of the development as set forth per stages as shown in Exhibit IV (Stage Plan), attached hereto and hereby made a part hereof, so that the Owner may develop the Sub- ject Property at such densitites, with such mixtures of uses, at such building heights and per such other specifications as are outlined in the Plan on Exhibit IV (Stage Plan), - 4 - 9. That the Village agrees not to charge the Owner for building permit or other fees necessary for the construction of the planned unit development or portion thereof in an amount greater than those fees presently charged under existing Ordinances on the date hereof. With respect to all other license or business license fees, however, the Village agrees not to charge the Owner or occupants of premises located within the planned unit development fees in an amount greater than those fees charged under licensees in the Village at that date. 10,. That the Village will issue no stop orders directing work stoppage on building or parts of the project without detailing cor- rective action necessary to be taken by the Owner and by setting forth the section of the Village Code violated by the Owner and the Owner may forthwith proceed to correct such violations as may exist or take an appeal as set forth in the Village Code. 11. That the Village will issue certificate of occupancy within thirty (30) days of application or issue a letter of denial informing the Owner as to what corrections are necessary as a condition to the issuance of a certificate of occupancy and quoting the section of the Code relied upon by the Village in its request for correction. Pro- vided, however,, that completion of an entire building shall not preclude the issuance of occupancy certificates for any finished floor, floors, or portions thereof, not otherwise in conflict with Section 21.218 of the Municipal Code of the Village of Mount Prospect of 1957, as amended. 12. That the Village will not require of the Owner the installation of a storm water retention pond or lake having a surface area greater than acres and a retention capacity greater than acre feet as shown by Exhibit V (On -Site Utility Plan), attached hereto and hereby made a part hereof, nor will changes or amendments to its existing pub- lic improvement ordinances affect the regulation and installation of public improvements on the Subject Property during the term of this Agreement. 13. That, in the return for the Owner's participating in the extent of SO% or $40,000 (whichever is less), in the construction and installation of a water main to the subject planned unit development site, construction of which main shall begin immediately, the parties heretofurther agree: (a) That a water tap -on fee, charged per lot, shall be determined on the basis of four (4) lots per acre within the planned unit development, i.e.., $100 per acre; and that a water deposit shall be payable to the Village in advance of any such tap -ons in an amount computed by multiflying the number of acres involved with such tap -ons by the sum of One Hundred Forty ($140.00) Dollars-, (b) That nothing herein contained shall be construed to conflict with ordinances of the Village establishing general charges for water based on consumption which ordi- nances are of general application within the Village; (c) That at least fifteen (15) days and no more than thirty (30) days prior to each of the existing quarterly billing dates the Owner agrees to notify in writing the Finance Department of the Village of Mount Prospect as to any change in the number of actual individual users within the planned unit development, that is, the actual number of dwelling units and commercial use occupancies; and (d) That for the purpose of sprinkling and irrigation only the Owner shall have the right to install its own wells and to use the drain water on the premises to water or sprinkle the grass, and provided the Owner shall not intermix such water with Village water or the Village system. 14. That the Owner will install and the Village will receive the ownership of certain on-site and off-site sewer and water mains, to- gether with the necessary easements for access thereto and maintenance thereof, as required to serve the project as set forth in Exhibit V -1 6 �- (On -Site Utility Plan) and Exhibit VI (Off -Site Utility Plan), at- tached hereto and hereby made a part hereof. The Village, however, shall have the right, in the event excess capacity is desired,, to require the oversizing of mains and facilities; provided, however, the Village pays the additional costs of materials made necessary as a result of said oversizing and, if the depth must be increased because of oversizing beyond those depths shown on the said Exhibit V (On -Site Utility Plan) attached, the Village pays the additional cost thereof,, 15. That the Owner will install, and the Village will permit to be installed, private roads per plan marked Exhibit II (Site Plan); the same to be maintained by the Owner or its successors in interest without expense to the Village. 16. That the Owner will provide a minimum of 1.5 parking spaces for each apartment dwelling unit and 2.0 Parking spaces for each townhouse, (a) All parking spaces shall be a minimum of 8 1/2' x 19' and an average of 51 x 191 or greater. (b) The Owner may, in addition to the foregoing, provide additional parking areas on any other area ap- proved by the Board of Trustees of the Village of Mount Prospect. 17. That the Owner may mound dirt, and the Village will permit same, along Euclid -Lake Avenue which shall not exceed ten (10) feet in height from existing grade and shall not obstruct the view of traffic exiting to Euclid -Lake Avenue as shown on Exhibit VII (Fence Exhibit ), attached hereto and hereby made a part hereof. Mounding within the development at other locations shall not be so restricted in height. ** 7 - 18. That, in order to safeguard the residents of multi -family dwellings, the Owner shall install double or "jimmy -proof" locks on all apartment unit entrance doors in subject buildings for pro- tection against burglary. Furthermore, the Owner shall install Beco or equal anti -siphoning devices for the prevention of backflow into the domestic water system. 19. That construction in stages or in any separate stage of the Plan may proceed provided the public improvements for that construc- tion phase have been installed by the Owner and approved by the Village; and provided further, however, the security deposit equal to 15% of the estimated cost of such improvements for each stage shall have been deposited prior to construction in that stage, which money shall be returned twenty-four (24) months after the said improvements in each stage have been accepted by the Village. 20. That all provisions, conditions, and regulations set forth in this Agreement and the Exhibits to which it refers shall supersede all Village ordinances, codes and regulations that are in conflict there- with as they may apply to the Subject Property. Where this Agreement is silent, the Village ordinances shall apply and control. 21. That the Owner shall have the right not only to install commer- cial signs as per sign ordinance of the Village in effect as of date hereof, but shall also have the right to install signs as per Exhibit VIII (Sign Exhibit), attached hereto and hereby made a part hereof. 22. That building permits shall be issued forthwith upon applica- tion and submission of plans drawn in accordance with the Municipal Code of Mount Prospect, provided, however, that appropriate provisions, as herein provided, have been met to insure installation of public im- provements, even though said public improvements may not exist at the time the application for permit is sought. Issuance of occupancy per- mits, however, shall await installation of public improvements in that stage in which the subject building is located, or as the parties may agree, 23. That this Agreement shall be effective for a term of five (5) years from date hereof and that thereafter all properties in the Planned Unit Development shall become subject to Village ordi- nances. It shall bind the Owner and its heirs, successors, and as- signs; and the Village and its corporate officials, and successors in office. It shall be enforceable by order of court pursuant to the provisions of the statutes made and provided. Nothing herein shall in any way prevent alienation or sale of the Subject Property or por- tion thereof except that said sale shall be subject to the provisions hereof and of the Planned Unit Development Ordinance of the Village of Mount Prospect and the new Owner shall be both benefited and bound by the condition and restriction herein and therein expressed. 24. That, in the event any provisions of this Agreement shall be deemed invalid; then the invalidity of said provision shall not affect the validity of any other provision hereof. IN WITNESS WHEREOF., the parties hereto have entered their hands and seals, this day of 1972, the same being done after public hearing, notice, and statutory requirements having been fulfilled. LASALLE NATIONAL BANK, As Trustee under Trust No. by ROY GOTTLIEB, its bene ciary, with power of direction, Owner of the Subject Property. Roy Gottlieb greffliFiffasm"911 By: 'Village President I . .... . .... . .... .. . . .......... Village Clerk RESOLUTION NO. A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION AGREEMENT REGULATING THE,ANNEXATION OF PROPERTY LOCATED ON MAP 42-N OF THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, THE CORPORATE AUTHORITIES OF THE VILLAGE OF MOUNT PROSPECT at the hour of 8:00 p.m. on September 12, 1972, did hold lon, agreemen a, public hearing upon the propossed annexat* t for the re- gulation of' the; annexatlon of property to the Village of Mount the Zoning Ordi- Prospect, which-, property is loct-,ited ofn Map 42-N of nanice of the Village of Mount Prospect; and, WHEREAS, the Mayor and Board of Trustees of the Vill ' age of Mount Prospect believe that such agreement is for and in the best interests of the Villae •of Mount Prospe gct. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT: SECTION ONE: That the President of the Board of Trustees of the Village of Mount Prospect is hereby authorized to sign and the Vil- late Clerk of the Village of Mount Prospect is., ,hereby authorized ' to attest the annexation agreement made a part hereof and attached here- to as Exhibit "A", which annexation agreement, subject to the provi- sions of Article 7 of the Illinois Municipal Code of 1961, shall regu- late the annexation of the following described property. That part of the Southwest 1/4 of the North- east 1/4, except the West 66*.0 feet thereof, of Section 26, Township 42 North, Range 11 Last of the Third Principal Meridian, lying North of the North line of Euclid -Lake Avenue as dedicated in Document No. 12599682, in Cook County, Illinois. SECTION TWO: That the said annexation agreement shall be binding upon the successor owners of record of the above described land which is the subject --of the said agreement and upon successor muni- cipal authores of this Villae of Mount Prospect, Coo gk County, SECTION THREE: That this Resolution shall be in full force and eff'ect from and after its passage and approval in the manner pro- vided by law. AYES: NAYS: PASSED and APPROVED this day of 20 ATTEST: Village Mayor Village Clerk ORDINANCE NO WHEREAS, a written petition under oath signed by the owners of record of land hereinafter described has been filed with the Village Clerk of the Village of Mount Prospect requesting that said land be annexed to the Village of Mount Prospect; and WHEREAS, no electors reside upon the said property to be annexed; ani WHEREAS, the said land is not within the corporate limits of any munici- pality, but is contiguous to the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect find and believe it to be in the best interests of the said Village that said land and territory be annexed thereto; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: iECTION ONE: That all land and territory legally described as follows: That part of the Southwest 1/4 of the Northeasteast 1/4, AIS the West66.0 feet thereof, of Section 26, Town- ship 42 North, Range 11 East of the Third Principal Meri- dian, lying North of the North line of Euclid -Lake Avenue as dedicated in Document No. 12599682, in Cook County, Illinois, an accurate map of which territory is attached hereto and made a part hereof by this reference, be and the same is hereby annexed to the Vil late of Mount Prospect, Cook County, Illinois. ,SECTION TWO.: That the Village Clerk of the Village of Mount Prospect is he—rel5y directed to file in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this ordinance together with an accurate map of the territory annexed. SECTION THREE: That this ordinance shall be in full force and effect from an r its passage, approval, and publication in the manner pro- vided by law. AYES: NAYS: PASSED and APPROVED this day of 1972. Village Clerk- Village President RESOLUTION NO. I WHEREAS, certain areas of the Village of Mount Prospect, Cook County, Illinois, are subject to periodic flooding from Weller Creek, causing serious damages to residential properties within these areas; and WHEREAS, relief is available in the form of flood insurance as authorized by the National Flood Insurance Act of 1968, as amended; and WHEREAS, the intent of the Mayor and Board of Trustees of the Village of Mount Prospect to comply with land use and management criteria regulations as required in said act; and ri WHEREAS, it is also the intent of the Mayor and Board of Trustees of the Village of Mount Prospect to recognize and duly evaluate flood hazards in all official actions relating to land use in the flood plain areas having special flood hazards; and WHEREAS, the code citations of the State enabling legislation authorizing the Village of Mount Prospect to adopt land use and con- trol measures are Chapter 24, Section 11-30-2 and Chapter 24, Sec- tion 11-13-1, Illinois Revised Statutes, 1969; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Trustees of the Village of Mount Prospect hereby assures the Federal Insurance Administration that it will take legislative action as fol- lows: 1. Enact by December 31, 1972, and maintain in force for those areas adequate land use and control measures with effective enforce- ment provisions consistent with the criteria set forth in sub -part A of Section 1910 of the National Flood Insurance Regulations; and 2. If necessary, seek State enabling legislation conferring authority to enact land use control measures designed to reduce the the exposure of property to flood loss; and 0 3. Take such other official action as may be reasonably necessary to carry out the objectives of the program. Such ac- tions will include, but not be limited to: (a) Assisting the Federal Insurance Administrator at his request in delineating the limits of the flood plain and having special flood hazards on available local maps of sufficient scale to identify the location of the building sites. (b) After flood insurance is made available., furnishing representatives of the National Flood Insurors Association and also appropriate Federal and State agencies upon request, information concerning new or substantially improved structures within the area of special flood hazards. This information will include floor elevations, and if there is a basement, the distance between the first floor and the bottom of the lowest opening where water flowing on the ground will enter. (c) Cooperating with Federal, State and local agencies which undertake to study, survey, map and identify flood prone areas, as well as cooperating with neighboring juris- dictions with respect to adjoining flood plains in order to prevent aggravation of the flooding problem. (d) Providing the name of the individual and the office that will be responsible for furnishing the first floor ele- vation information. BE IT FURTHER RESOLVED that the Mayor and Board of Trustees of the Village of Mount Prospect hereby appoint the Village Manager with the responsibility, authority and means to implement the commitment DATED: This day of p 1972. ViEl—age Cler