HomeMy WebLinkAboutRes 33-74 11/19/1974
RESOLUTION NO. 33-74
A RESOLUTION DIRECTING THE EXECUTION OF AN N~ENDMENT
TO A CERTAIN ANNEXATION AGREEMENT WHICH REGULATED THE
ANNEXATION TO THE VILLAGE OF MOUNT PROSPECT OF
CERTAIN PROPERTIES CON~ONLY KNOWN AS
HUNTINGTON COMMONS
WHEREAS, the Mayor and Board of Trustees of the Village of Mount
Prospect did pass and approve Resolution No. 35-69 on December 2,
1969; and
WHEREAS, the aforesaid Resolution No. 35-69 directed the execution
of a certain pre-annexation agreement to regulate the annexation to
the Village of Mount Prospect properties commonly known as
Huntington Commons; and
WHEREAS, a public hearing on the amendment to the aforesaid
annexation agreement was held before the Corporate Authorities of
the Village of Mount Prospect at the hour of 8:00 p.m. on
November 19, 1974, pursuant to proper legal notice; and
WHEREAS, the Mayor and Board of Trustees of the Village of Mount
Prospect believe it to be in the further best interests of the
Village of Mount Prospect to amend the aforesaid pre-annexation
agreement so as to permit the continued orderly development of the
subject properties.
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 Mayor and Village Clerk of the Village of
Mount Prospect are hereby authorized to sign and attest the amend-
ment to a certain annexation agreement dated December 2, 1969, which
amendment is attached hereto and hereby made a part hereof as
Exhibi t 1.
SECTION TWO: That this Resolution shall be in full force and effect
from and after its passage and approval in the manner provided by
law.
AYES: 6
NAYS: 0
PASSED and APPROVED this
19
day of
Nov.
, 1974.
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Mayor
ATTEST:
Village Clerk
AMENDMENT TO ANNEXATION AGREEMENT DATED
DECEMBER 2, 1969, BY AND BETWEEN LA SALLE
NATIONAL BANK, NOT PERSONALLY, BUT SOLELY
AS TRUSTEE UNDER TRUST NOS. 19237, 28948
AND 33425 ("OWNER") BY KENNETH TUCKER AS
BENEFICIARY WITH POWER OF DIRECTION, AND
THE VILLAGE OF MOUNT PROSPECT, DULY ADOPTED
AS RESOLUTION NO. 35-69 BY THE CORPORATE
AUTHORITIES OF THE VILLAGE OF MOUNT PROSPECT
WHEREAS, the corporate authorities of the Village of
Mount Prospect, on December 2, 1969, did approve a certain Annexation
Agreement as Resolution No. 35-69; and,
WHEREAS, the corporate authorities of the Village of
Mount Prospect believe that said Agreement is in the best interests
of the Village of Mount Prospect; and,
WHEREAS, the corporate authorities of the Village of
Mount Prospect believe that it would be in the further interest of
the Village of Mount Prospect to amend said Annexation Agreement to
permit the further orderly development of the property which is the
subject matter of said Annexation Agreement in accordance with the
amendments contained herein; and,
WHEREAS, proper notice and publication of the public
hearing before the corporate authorities of the Village of Mount
Prospect upon the proposed Amendment to the Annexation Agreement has
been made.
NOW, THEREFORE, it is agreed by and between the Village
of Mount Prospect and the Owner as follows:
1.
That the Owner shall cause the land which is the subject
matter of the Annexation Agreement to be improved in continued con-
formity with the aforesaid Annexation Agreement and the Exhibits
attached thereto as approved; provided, that the parties agree that
the total number of dwelling units permitted to be constructed on the
land in accordance with the plan which presently allows the development
of 1,442 dwelling units be reduced by a total of 75 dwelling units of
which fifty (50) shall be three bedroom dwelling units and twenty-five
(25) be one or two bedroom dwelling units.
This Instrument Was Prepared By:
Michael D. Gitlitz, 4849 Golf
Road, Skokie, Illinois 60076.
2.
That said Annexation Agreement, as enacted, be amended
to provide that the buildings to be constructed on the land shall be
built in conformity with the Building Code as amended of the Village
of Mount Prospect in effect as of the date hereof except as same may
apply to building permit fees.
3.
That the parties agree that said Annexation Agreement
is hereby amended to provide that the Agreement shall be effective
for a term of eight (8) years from the date of execution and adoption
of said Annexation Agreement and shall be binding upon heirs, successors
and assigns of the Village of Mount Prospect, its corporate officials,
successors in office and same shall be enforceable pursuant to the
provisions of the statutes made and provided.
4.
That in all other respects, said Annexation Agreement
shall remain in full force and effect and be fully enforceable as
provided in law or in equity and shall be binding upon the parties
hereto, their successors, heirs and assigns.
5.
That in the event any provision of this Amendment shall
be deemed invalid, then the invalidity of said provision shall not
affect the validity of any other provision hereto.
IN WITNESS WHEREOF, the parties hereto have entered their
hands and seals this 19th day of November, 1974, the same being done
after public hearing, notice and statutory requirements having been
fulfilled.
LA SALLE NATIONAL BANK, not personally
but solely as Trustee under Trust
Nos. 19237, 28948 and 33425, by
Kenneth Tucker, its beneficiary
with power of direction
....7.T.~
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VILLAGE OF MOUNT PROSPECT
ATTEST:. . ..- :dg' /7L... ')
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BY: b,r;-ud W ~v-- Village President
Vil1age'Clerk
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