HomeMy WebLinkAboutRes 30-73 10/16/1973
RESOLUTION NO. 30-73
A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION
AGREEMENT REGULATING THE ANNEXATION OF PROPERTY LOCATED
ON MAP 39-S OF 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 Chap-
ter 24 of the Illinois Revised Statutes, shall regulate the annexation of the
following described property:
That part of Lot One (1) in Friedrich Busse, Jr., Division of Land
in Section 23, Township 41 North, Range 11, East of the Third Princi-
pal Meridian, as per plat recorded February 20, 1911, as Document
Number 4709799 described as follows: Commencing at a point in the
South line of the North 448.65 feet of said Lot 1, 200 feet East of the
West line thereof; thence South on a line parallel with the West line
of said Lot 1, 426.34 feet to the center line of Algonquin Road, being
the Southerly line of said Lot 1; thence Southeasterly along said cen-
ter line of Algonquin Road, 320.75 feet, to a point which is 545.45 feet
Southeasterly of the Southwest corner of said Lot 1, as measured along
said center line; running thence North parallel to the West line of said
Lot 1, 576.35 feet to the South line of the North 448.65 feet of Lot 1;
thence West on said South line 285.46 feet, more or less to the place
of beginning, in Cook County, Illinois.
PARCEL NO.1: That part of Lot One (1) in Friedrich Busse. Jr.,
Division of Land in Section 23, Township 41 North, Range 11 East of
the Third Principal Meridian, as per plat recorded February 20, 1911,
as Document No. 4709799, described as follows: Commencing at a point
in the West line of said Lot 1, 448.65 feet South of the Northwest corner
thereof; thence East on the South line of the North 448.65 feet of Lot
One (1), 100 feet; thence South parallel to the West line of Lot One (1),
373.79 feet to the Southerly line of Lot One (1). being the center line
of Algonquin Road, as laid out in Friedrich Busse, Jr., Division of Land;
thence Northwesterly along the Southerly line of Lot One (1), 112.35 feet
to the Southwest corner of said Lot One (1); thence North on the West
line of Lot One (1), 321. 24 feet to the place of beginning.
ALSO
PARCEL NO.2: That part of Lot One (1), described as follows: Com-
mencing at a point in the South line of the North 448.65 feet of said Lot
One (1), 100 feet East of the West line thereof; running thence East along
the South line of the North 448.65 feet of Lot One (1), 100 feet; thence
South on a line parallel with the West line of Lot One (1), 426.34 feet to
the Southerly line of Lot One (1), being the center line of Algonquin Road;
thence Northwesterly along the Southerly line of Lot One (1), 112.35 feet
to an intersection with a line 100 feet East of and parallel with the West
line of said Lot One (1); thence North along said parallel line 373.79 feet
to the point of beginning. In Friedrich Busse Jr., Division of Land in
Section 23, Township 41 North, Range 11, East of the Third Principal
Meridian, as per plat recorded on February 20, 1911, as Document
No. 4709799.
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:
NAYS:
PASSED and APPROVED this 16thday of October, 1973.
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ANNEXATION AGREEMENT
WHEREAS, CITIZENS BANK AND TRUST COMPANY OF PARK RIDGE,
not individually but as Trustee under Trust No. 413, dated October 29, 1962,
hereinafter referred to as the "Owner", is the owner of the following legally
dosc:I.'ibod land and territory:
That part of Lot One (1) in Friedrich Busse, Jr., Division of Land
in Section 23, Township 41 North, Range 11, East of the Third Princi-
pal Meridian, as per plat recorded February 20, 1911, as Document
Number 4709799 described as follows: Commencing at a point in the
South line of the North 448.65 feet of said Lot 1, 200 feet East of the
West line thereof; thence South on a line parallel with the West line
of said Lot 1, 426.34 feet to the center line of Algonquin Road, being
the Southerly line of said Lot 1; thence Southeasterly along said cen-
ter line of Algonquin Road, 320.75 feet, to a point which is 545.45 feet
Southeasterly of the Southwest corner of said Lot 1, as measured along
said center line; running thence North parallel to the West line of said
Lot 1, 576.35 feet to -the South line of the North 448.65 feet of Lot 1;
thence West on said South line 285.46 feet, more or less to the place
of beginning, in Cook County, Illinois.
PARCEL NO.1: That part of Lot One (1) in Friedrich Busse, Jr.,
Division of Land in Section 23, Township 41 North, Range 11 East of
the .Third Principal Meridian, as per plat recorded February 20, 1911,
as Document No. 4709799, described as follows: Commencing at a point
in the West line of said Lot 1, 448.65 feet South of the Northwest corner
thereof; thence East on the South line of the North 448.65 feet of Lot
One (1), 100 feet; thence South parallel to the West line of Lot One (1),
373.79 feet to the Southerly line of Lot One (1), being the center line
of Algonquin Road, as laid out in Friedrich Busse, Jr., Division of Landi
thence Northwesterly along' the Southerly line of Lot One (1), 112.35 feet
to the Southwest corner of said Lot One (1); thence North on the West
line of Lot One (1), 321. 24 feet to the place of beginning.
ALSO
,.
PARCEL .NO. 2: That part of Lot One (1), described as follows:" Com-
mencing at a point in the South line or the North 448.65 feet of said Lot
One (1), 100 feet East of the West line thereof; running thence East along
the South line of the North 448.65 feet of Lot One (1), 100 feet; thence
Soutl)"..on a line parallel with the West line of Lot One (1), 426,34 feet to
the Southerly line of Lot One (1), bcinr~ the center line of Algonquin ^Road;
thence Northwesterly along the Southerly line of Lot One (1). 112. :~G f(;(;t
to nn intol'section with H line 100 foot EnHt of and parallel with tho W';f;l
linn \)( 11111d 1',01 Ow' (1); 11\4'11<'0 NOl'Iil 11Iong' tlllid l"II'llIll>! lill/! :1'/:1. '/D 1"'1:1-
'" Ill., pOlnl or 11I\(!:lilllllll\'. ill 1"1'10.11';,-11 HIIIIII" .11',. lliVltilllH Ill' Lllnd ill
: :, " 'I i U 1\ ',~ : I. I j . n W II f Ii Ii Ii 'i I i\J p d II, Hili li'. " I I, i ': n I Ii OJ f Ii II' f I ' II I l'd l' I' ill I J I d d
\\\,'\'llIltllI, Wi l"'\' plld \""",>1''\1'41 011 i",'III'illli'Y ZOo 11I1l, Illl 1IlII'IlIIIf ill
1\1.... ,1',011';\111,
hereir.afte:o~ refel'red to as the "Subj eet Prop~;rty"; and
WHEREAS, the VILLi\GEOF MOUNT PROSPECT, a municipal corporatior.
, ' ,
ol'ganized under the laws of the State "of Illinois. hereinafter referred to as
"Village" has the power to enter into an Annexation Agreement as set forth
herein; and
WHEREAS J the Owner has heretofore filed a petition to annex the
"
Subject Property to the Village contingent on the provisions contained in
this Agreement; and
WHEREAS, both parties believe it to be in the best interests of both
the Village and the Owner that the Subject Property be annexed; and
WHEREAS, it is beneficial to both the Owner and the Village that the
project be constructed in accord with the plan contained herein;
NOW, THEREFORE, it is agreed by and between the Village and the
Owner as follows:
1. That upon execution of this Agreement by all the parties
thereto, the Owner will present a written petition for annexation in the form
provided by law to the corporate authorities of the Village, and the Village
will tlwn HUiWX tho SUbj~ld l' .l,'\)lhH'ly.
2. That thu Villlll':O uhull [HUJU HU(~h ordl:n.ancolJ hlJ will <mll.blo
ii"l ;:ili'l,j,,; i'j'lli"Il'IV iu l~" ::,"Il...l H 'J (i1'!/jl,'I'\idilll nn\!nlollIUI'lll lii;di'I.'I).
:~. tl'1ud. (lh~ ()\Vli.Vl. wjfl o)~ueut,~ n ~,,'1Lit oi' (\Il!;.t,~Jjlc,nt [OJI l)ul)ll.c .,.
U~dlLi.ctl bub:.tantially in U).u l\)l'll\ uu 1:>1J,own on l~xlin)ll !, I1ltl.tCIJlJd l/<<:j'd(.J U/j(j
hereby made a part hereof, with the object and purpose that the said luau so
d":d.~.u:d,jd l.d "1111.:.","1 i,y (110 VillnE" 1'..1' ill" ""I,OJII'I..;jj"lI <111.1 i/lc:/o'ij/.)rj"" \'(,-;",:,
U1 by the said Village of a trunl<. water main to serve propertios lying no:cUl (Jj'
Ule Subject Pl'oporty -- with tho furthor underllt/HldIng' Dwt tho OWIJ.UI' lilil! 1.IJjJ
inl.o ::>uid rnu~n at buch Limo as 1t nwy <10::';11'0 follow lng' tho comploti()ll ilH..:/'(;(Ii'.
. 7. .,
4. That the Village will not c,harge the Owner fOl" tap-on fees
into the aforesaid trunk watel" main in an amount greater t.L'1a.'! fees presently
charged under existing ordinances on the date hereof.
5. That all provisions, conditions, and regulations set forth in
this Agreement 'and the Exhibits to which it refers shall supersede aU Vil1i ;;'0
ordinances, codes, and regulations that are in conflict therewith as they may
apply to the Subject Property. Where this Agreement is silent, t.L'1e Village
ordinances shall apply and control.
6, That this Ag'reement shall be effective for a term of five (5)
YOU1'S from date hereof and that l:1101''oufl:er all properties in tho Planned Unit
Development shall become subject to Village ordinances,
a. It shall bind heirs and successors and assigns,. the Village,
its corporate officials, successors in office, and be enforce-
able by ord~r of court pursuant to the provisions of the
statutes made and provided .
b, Nothing herein shall in any way p:r'event alienation or sale
of the Subject Property or portion thereof except that said
sale shall be su'bject to the provisions hereof and of the
Planned Unit Dovelopment ordinance of the Village of Mount
Prospoct and tho new Ownor shall ho both honofHod Hnd
..
lIlHILI,'1 hy 01\\ 1!\llldiLlolll'l ll11di'OIILI,'IoUOWI liOl'oil! H.wl
tlhH'oin OXPJ.'IlUIWd.
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','111\(. III LillI IIVllilt /lilY l'i'uv Inlow. <It' (lll/,j ^1';I'I:IlJlilJl,l tilllill 'II!
(il.~(\lncd invalid. thou tho invalidity of l;aid P:i:'ov.1l:1io1'18 HhaH not I.d'fed lJd:
.
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validity of any other provision hel'eof.
IN WITNESS WHEREOF, the parties hereto have entered their hands and
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seals, this I ~::iC..day of y.:z,,--<..(,~\ '" ". ./l':Y- , 973 tn' e b' - "
__ 'C=' , ~'-' ,... ,. same emg done alter
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Public hearing, notl'ce, and s""a"u"or "" h .
~~ L Y ~equiremen~s avmg been fulfilled.
EXCULPATORY CLAUSE AITACHE'D HERETO AND Mr~DE A PART HmEOr:
OWNER:
CITIZENS BANK and TRUST COMPANY of
PARK RIDGE, not individually but as
Trustee under Trust No. 413, dated
October 29, 1962.
By:
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ATTEST:
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ATTEST:
ViLLACIE Oi" lVI()(JN'i' J'H.O~;I'ECT. U WlHlI<:;yd
eUl'jiondifHj of UIO ~;IIlJo of nljJj()i;l IHJlJ L()iildy
of C(j(II~'
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By: .(~:~~~;;:/~
Village President
EXCuLPATORY PROVISIONS
is instrmn2nt is executed by CITIZENS BANK &. TRUST COMPANY I Park Ridge ~ Illinois
not personally but as Trustee, in the exercise of the power and authority conferred
upon it as Tr.ustee, and under the express direction of the beneficiaries of a cer-
tain Trust Agreement dated__..Qct.ah.c.;r~, 199_2_and known as Trust No. . 413 ,
to all provisions of which Trust Agreement this instrument is expressly made subject.
It is expressly understood and agreed by and between the parties hereto, anyt~,ing
~~rein to the contrary notwithstanding, that each and all of the representat~ons,
covenants, promises, obligation~, Liabilitic~, undertakings and agreements herein
made on the part of the Trustee while in form purporting to be the representations,
covenants, promises, obligations, liabilities, undertakings and agreements of said ,
Trustee are nevertheless each and everyone of them made and intended not as personal
representations, promises, obligations, liabilities. covenants, undertakings and agree-
ments by the Trusi~e or for the purpose or with the intention of binding said Trustee
personally but are made and intended for the ?urposc of binding only that portion or
the trust property specifically held subject to said Trust Agreement, and tMis instru-
ment is executed nnd delivered by said Trustee not in its own right, but solely in
the I'xcrc.isc of the pO\.,01'8 cOli.J.:crred upon it as r:uch Trustee; nnd that no personrd.
l:i.nb:Llity 01' pel7~:l)n'll rl.:spon::ihi l.ity :I.u (l.'lsUI:lcd by Ill'll:' uhnll at miy tim() 1)(! llHfj(:r:tcd
('1' l'nfor"l'ilh!(! 1.~gnil\nL t:l\l~ GJ.'.L'l7.]';N~i n^NK & 'l'Rm,'l.' ('OMf'^NY (n;' i~Jlj oj: tlw l"'fll,fid,in1.!'11
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d i,j Tl 11~d ,.,' {II t.111 '\ i IHll 1'11110'111' 1'''ld;t Ill".!' "i 11",1' 1')(1" "flfl .It illl!, lll'd. /I j I. !I1ll'1i I" I."
till'" 1i~ll~tlttv, it. nil\;,,, i"I"i1lll; t,tJll""~'*,,lv '1'li"~,1 ...~",l tf.lf'!I;l(,~i