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HomeMy WebLinkAboutRes 31-75 10/07/1975 ,~ /"..-.....\ RESOLUTION NO. 31-75 A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION AGREEMENT REGULATING THE ANNEXATION OF PROPERTY LOCATED ON MAP 23-S IN THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Corporate Authorities of the Village of Mount Prospect on September 16, 1975, at the hour of 8: 00 p.m. , did hold a pUblic hearing upon the proposed An- nexation Agreement for the regulation of the annexation of certain property to the Village of Mount Prospect, which property is located on Map 23-S in the Zoning Ordi- nance of 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 in its July 1, 1975 edition; and WHEREAS, notice has been given and a hearing was held on July 24, 1975, at 8: 00 p . m . , before the Zoning Board of Appeals of the Village of Mount Prospect with res- pect to the aforementioned Annexation Agreement and certain rezoning and special uses to be agreed upon therein; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect believe that such 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: SECTION ONE: That the President of the Board of Trustees of the Village of Mount Prospect is hereby authorized to sign and the Village Clerk of the Village of Mount Prospect is hereby authorized to attest the Annexation Agreement, attached hereto and hereby made a part hereof as Exhibit I, which Annexation Agreement pursuant to the provisions of Division 15.1 of Article 11 of Chapter 24 of the Illinois Revised Statutes shall regulate the annexation of the following described property: PARCEL ONE: The West 150 feet as measured along the North and South line of Lot 9 in Busse Country Estates being a subdivision of the West 25 acres of that part of the West Half (t) of the Northwest Quarter (-!) of Section 14, Township 41 North, Range 11, East of the Third Principal Meridian, lying North of Seegers Road, in Cook County, Illinois. PARCEL TWO: Lot 9 (except the West 150 feet thereof as measured along the North and South line thereof) and all of Lot 10 in Busse Country Estates being a subdivision of the West 25 acres of that part of the West Half (t) of the Northwest Quarter (i) of Section 14, Township 41 North, Range 11, East of the Third Principal Meridian lying North of Seegers Road, 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 said Agreement and upon successor municipal authorities of this Village of Mount Pros- pect, Cook County, Illinois. SECTION THREE: That this Resolution shall be in full force and effect from and afte its passage and approval in the manner provided by law. AYES: 5 NA YS: 0 PASSED this 7th day of October, 1975. APPROVED this 7th day of October, 1975. -2- ~L~'./!~ Mayor ~ . t ,. (\ "~ . * .J PRE- ,ANNEXATICN AGREf}.ffiNI' WHEREAS, GEORGE L. BUSSE CXl4PANY, hereinafter referred to as the "Owner", is the .owner of certain real estate, hereinafter referred to as the "Subj ect Property", ~which is legally described as follows: PARCEL (tffi: The West 150 feet as measm-ed along the North and South line of Lot 9 in Busse Country Estates being a subdivision of the West 25 acres of that part of the West Half (1/2) of the Northwest Quarter (1/4) of Section 14, Township 41 North, Range 11, East of the Third Principal Meridian, . lying North .of Seegers Road. PARCEL "T\'l): Lot 9 (except the West 150 feet thereof as. :measuredn along the North and South line thereof) and all of Lot 10 in Busse Country Estates being a subdivision of the West 25 acres of that part of the West half (1/2) of the Northwest Quarter (1/4) of Section 14, Township 41 North, Range 11, East of the ThirdPrincipalJ4eridian.J.ying North of Seegers Road. and WHEREAS., the VILLAGE OF=_m.JNfc'-PROSPECf.,., a .JIIL1Ili.cipal.corporation .: - ---- organized. .lJIlder: the-laws' of the'State of- Illinois., . hereinafter: referred--: to as'1:h.e ''Vi1lage'~..has. :the..: power - under state;-1aw . to.o.. enter.J.nto an annexation agreement:sudr:as..::..s..et..:.fertlLherein.;--.:..and - = . WHEREAS, the OWner-=Jias heretofore filed-a--petitien- to'~exto' the Village -th~ said parcels 'of-.:-~andof.-which it-:..is::th.e-owner, - .contingt:ul-Won -- the . provisions of this agreement; and WHEREAS, allparti-es-:beli:eve-=it to -be in-the best interests of the Village-and the Owner that the $ubject Property be :annexed to the:Village of Mourit.P.rospect.;-and- ~.~ WHEREAS, theCMner has plans for the use:-o:f:.:the -Subject Property -,.~".-- upon -its annexation .to-the Village-of Mount~ospect; and WHEREAS, it is :benefi.ci.al.::t.o-both the Village_-.and the Owner that the Subj ect Property be annexed and developed as planned; row, mEREFORE, it is agreed by and betw~ the Village and the Own~r as follows: 1. The Village will annex, and the Owner will join the Village in the # . , o! ~ i~ '\ .!~ ~ annexation of the Subject Property. 2. That the Village should pass such ordinances as will enable Parcel One to be zoned B-4 (Business-Retail and Service) District and ~arcel Two of the Subject Property to be zoned B-3 (Business-Retail and Service) District, under the zoning ordinances of the Village of Mount Prospect. (a) The Village will also pass such ordinances so as may be necessary to grant..a. special use for Parcel Two to allow an existing use for dyeing and cleaning establislunent where dyeing and cleaning is done on the premises to continue in operation. (b) The Village will approve a Plat of Subdivision presented by the Owner in the fonn -and manner as the Plat of Subdivision attached hereto and hereby made a part hereof, which Plat will subdivide Parcel One and Parcel Two of the Subject Property into two separate and distinct .lots of record --. which subdivision plat shall be- recorded with the Cook County Recorder of. Deeds prior -to the effective date of the aforesaid zoning ord.inance.--- 3. That all provisions.;__:.aanditions.,_:.andregu1at-i~-setoforth in----- - this agreement and . the documeI'lt5\)r-plans=to- -wich~it -ief-ers'-:,shal-1 supercede all Vil1age....or~ances.~;codes,and regulations-=-1:hat are-in'- conflict herem thas they may apply -to the Subj ect Property. However, where this agreement is si1ent~ uthe Village ordinances shall apply and control. - 4. That this- agreement-shall -be effective-for -a tenn:-of - five (5) years fran the date hereof.- (a) It shall bind the heirs, successors, and assigns of the Owner, the Village; its corporate officials;-and their successors in office. (b) Nothing herein shall in. any way. prevent the alienation of -2- .. ~, ,~ '\ ~ ..... ~ . . .i.. #I ~. . . ~ .. '. CtI sale of the Subject Property or portion thereof and the new owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 5. That, in the event any provisions of this agreement or part thereof shall be deened invalid, such invalidity of said provisions or part thereof shall not affect the validity of any other provision hereof. IN WI1'NFSS WHEREOF, the parties hereto have entered their hands and seals this 7th day of October , 1975, the same being done pursuant to public hearing, notice, resolution, and. other statutory requirements having been fulfilled. VILLAGE-oF MlJNr PROSPEcr, a nnmicipal corporation of the County of Cook and State of Illinois By: ~4~:.eY , Village President..,. ~: .-.-- . Jm.AW~ r- . . .. _._- _u._._ Village ~cC-lerk- -:-J~.-":;-::::- . /g~f~. J~. ~'._~~."- "'....; OWNER: GFDRGE'-t.. BUSSE ~--- / -.: .' _:/"'r~"'- / ...., ; - " - " - ../. / .r -'" By: ,;-/ .,.,-.. - .-J'-""-" -.;..:.. .- - /r- --.-.;-.,--- '"-' ~- ,,-,' -- '- -, ' -c~,~ _::_C:~~~u/f~ -3-