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HomeMy WebLinkAboutRes 31-73 10/16/1973 RESOLUTION NO. 31-73 A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION AGREEMENT REGULATING THE ANNEXATION OF PROPERTY LOCATED ON MAP 39-8 IN THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Corporate Authorities of the Village of Mount Prospect on Octo- ber 16, 1973, at the hour of 8: 00 p.m., did hold a public hearing upon the proposed Annexation Agreement for the regulation of an annexation of certain property to the Village of Mount Prospect, which property is located on Map 39-S in the Zoning Ordinance 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; and WHEREAS, notice has been given and a public hearing was held on October 4, 1973, at 8: 00 p.m., before the Zoning Board of Appeals of the Village of Mount Prospect with respect to the aforementioned Annexation Agreement and certain rezoning to be agreed upon therein; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect believe that such Annexation 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 Agree- ment made a part hereof and attached hereto as Exhibit I, which Annexation Agreement, pursuant to the provisions of Division 15.1 of Article II of Chapter 24 of the Illinois Revised Statutes, shall regulate the annexation of the following described property: Lot 1 in Algonquin-Busse Industrial Park; being a subdivision of part of the West i of the Northwest i of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois. ALSO That part of vacated Imperial Court extending into Lot 1 of Algonquin-Busse Industrial Park aforesaid. ALSO That part of the West i of the Northwest i of Section 23, Town- ship 41 North, Range 11 East of the Third Principal Meridian, bounded by a line described as follows: Commencing at the intersection of the West line of the East 473.11 feet of the West i of the Northwest i of said Section 23, with the Southerly line of Algonquin Road; thence North 62 degrees, 43 minutes, 45 seconds West along the Southerly line of said Road 200.0 feet; thence South 27 degrees, 16 minutes, 15 seconds West 165.16 feet to a point on the North line of the South 1565.39 feet of the West i of the Northwest i of said Section 23; thence North 89 degrees, 6 minutes, 55 seconds East along North line 253.47 feet to a point on the West line of the East 473.11 feet of the West i of the North- west i of Section 23 aforesaid; thence North 0 degrees, 0 minutes, 30 seconds East along said West line 51.25 feet to the point of be- ginning 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 municipal authorities of this Village of Mount Prospect, Cook County, Illinois. SECTION THREE: 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 16thday of October, 1973. J;/ ~~- ".:.:>:;::;",/' 1:;./",/'/ / //." c: .~,-' ....""..T..,;.:>,.,.od' ?", ~.>;.., _"."..,;~~:,;.,/'./,... " ';",. ~'~"'/'f'.."":" .,' .' /;;2':::';;C'../C- L c.? c: .....L_....-'C...L.c--"""L...,: ,>,' .' Mayor Village Clerk -2- PItE-A, NNEXATION AGI\EErlENT ----...-.__~""""'__," ._~ .... --40 WHEREAS, NORTHWEST NATIONAL BANK OF CHICAGO, as Trustee umJex' Trust No. 998, dated January 8, 1971, hereinafter referred to as the IIOvmer'!!. is the owner of certain real estate hereinafter. referred to as the IISubject Prope}:tylf. which is legally described 83 follows: Lot 1 in Algonquin-- Busse Industrial Park; being a subdivision of part of the West ~, of the Northwest { of Section 23, Town- ship 41 North, Range 11 East of the Third Principal Meridian. in Cook County, Illinois. AI,sO That part of vacated Imperial Court extending into Lot 1 of Algonquin-Busse Industrial Parle;: aforesaid. ALSO That part of the West ~ of the Northwest -! of Section 23. Town- ship 41 North, Range 11 East of the Thi.rd Principal Meridian, bounded by a line described as follows: Commencing at the inte:esection of the West line of the East 473.11 feet of the West ! of the Northwest * of said Section 23, with the Southerly line of Algonquin Road; thence North 62 degrees, 43 minutes, 45 seconds West aIong- tr:e Southerl)! line of sal(l Rand 200.0 feet; :lJ.e:tlCe South 27 degre8s, 16 minutes, 15 seconds West 165.16 feet to a point on the North line of the South 1565.39 feet of the West ~ of the Northwest i of said Section 23; thence North 89 degrees, 6 minutes, 55 seconds East along North line 253.47 feet to a point on the West line of the East 473.11 feet of the West ~ of the North- west ~' of Section 23 aforesaid; thnnce North 0 degrees, 0 minutes, 30 seconds East along said West line ,51.25 feet tl) the point of be- ginning in Cook County, Illinois and WHEREAS, the VILLAGE OF MOUNT PROSPECT, a municipal corporation organized under the laws of the State of Illinois, hereinafter referred to as the "Village" J has the power unde1' state law to enter into an annexation agreement such as set forth herein; and WHEREAS, the 'Owner has heretofore filed a petition to annex to the Village the said parcel of land of which it is the owner, contingent ~pon the provisions of this agreement; and WHEREAS, all parties believe it to be in the best interests of the Village and the Owner that the Subject Property be annexed to the Village of Mount ~E"ii" fTj'U', I {l. ~,\ : ',:.; ;.1; ",,",..0\).'1 Ll. Prospect; and WHEREAS, it is beneficial to both the Village and the Owner that t',he Sub- ject Property oe annexed and developed as planned; NOW, THEREFORE, it is agreed by and between the Village and the Owner as follows: 1. That, within the term of this agreement, the Village will annex, and the Owner will by voluntary petition join the Village in the annexation of, the Sub- j ect Property. 2. That the Village shall pass such ordinances as will enable the Sub- ject Property to be zoned 1-1 (Light Industrial District), under the zoning ordinances of the Village of Mount Prospect. Further, the Village will pass such additional ordinances that will grant the Owner special uS,e permits sufficient to allow the Subject Property to be used for retail sales and services of every kind, agricultural buildings and structures, cartage and express facilities, and greenhouses. 3. That upon payment by the Owner of the usual and normal tap-on fees as prescribed in the Mount Prospect Municipal Code of 1957, as amended, under Section 23.105 for the sewer tap-on charge and under Section 21.1403 for the water main tap-on charge, the Owner shall have the right "to run additional service taps from the Subject Property into water and sewer mains which the Village of Mount Prospect may extend within easements upon the Subject Property, as shown upon the proposed Plat of Subdivision for the Subject Property, which Plat is attached hereto and hereby made a part hereof as Exhibit A. It is fur- ther understood that no other charges for the installation of these mains or tapping into them shall be made by the Village and that such tap-on by the Owner shall not be mandatory. 4. That following the recording of the aforesaid Exhibit A hereto with the Cook County Recorder of Deed s, the Owner will convey and donate Lot Two (2) as shown and displayed thereon to the Village of Mount Prospect in fee simple. 5. That all provisions, conditions, and regulations set forth in this agreement and the documents or plans to which it refers shall supercede all - ~- Village ordinances, codes, and reg'ulations that are in conflict herewith as they may apply to the Subject Property. However, where this agreement is silent, the Village ordinances shall a.pply and control. 6. That this agreement shall be effective for a term of five (5) years from 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 or sale of the Subject Property or portion thereof and the new owner or owners shall be both benefited and bound by the conditions and restric- tions herein expressed. . 7. That, in the event any provisions of this agreement or part thereof sholl be deemed invalid, such invalidity of said provisions or part thereof shall not affect the validity of any other provision hereof. IN WITNESS WHEREOF, the parties hereto have entered their hands and /'/M/ tpis /. ~ day of /' /' j', ,,, ~-~, ' -" ,"0 . .I .'-. '\, i .'~ ..'-.f:' ''"-" J'( .~,,,.o ,___ .,," ',,>_, / .rc..~ ""', , 1973, the same being seals done pursuant to public hearing, notice, resolution, and other statutory require- ments h8.ving been fulfilled. ':f) ATTEST: 4/~ VILLAGE OF MOUNT PROSPECT, a municipal corporation of the County of Cook and State of Illinois /'- ~..~/ By' ~~~~;~c;-> Village President 0) :g ((:' OWNER: ATTEf,) > \ > '/ --' 1) /V L/tL1"...e'vf #}.. 7/( Ccc....( NOR THWEST NATIONAL BANK OF CHICAGO, as Trustee-,l,.mds.r Trust No. 998, dated Januar;v~, 1971' ~, By: ) ( ""---..... "'f L /1,. ,:"~ A" ",.~., ~ fl",,'rz-- :', 'i '"tV"- ~;: -'~ r~ I It is expressly understood and agreed by and between the ?arties hereto, anything herein to the contrary notwithstanding, that each and all of the representations. covenants, undertakings and agreements herein made on the part of the Trustee while in form purporting to be the representations, covenants, undertakings and agreements of said Trustee are nevertheless each and everyone of them, made and intended not as personal representations, covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically described herein, and this instrument is executed and delivered by said Trustee not 1n its own right, but solely in the exercise of the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against the NORTHWEST NATIONAL B&~K OF CHICAGO or any of the beneficiaries under said Trust Agreement, on account of this instrument or on account of any representation, covenant, undertaking or agreement of the said Trustee in this instrument contained, either expressed or implied, all such personal liability, if any, being expressly waived and released. NWNB-TR-EXON " ! .1."