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HomeMy WebLinkAboutRes 29-73 10/16/1973 RESOLUTION NO. 29-73 A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION AGREEMENT REGULATING THE ANNEXATION OF PROPERTY LOCATED ON MAP 31-S IN THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Corporate Authorities of the Village of Mount Prospect on October 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 31-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 Agreement 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 3 (except the West 33.0 feet thereof taken for Briarwood Drive, and except that part falling in Algonquin Road) of Edward Busse's Division of part of the Southeast Quarter of Section 15 and the Northeast Quarter of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, as per plat recorded in the Recorder's Office of Cook County, Illinois, December 17th, 1919 as Document No. 6696216, (ex- cept therefrom that part thereof described as follows: Com- mencing at a point 33 feet East of the Southwest corner of said Lot 3, said point being on the East line of Briarwood Drive; thence North along the East line of Briarwood Drive a distance of 164.04 feet to the place of beginning of the herein described part of said Lot 3; thence East, at right angles to the East line of Briarwood Drive, a distance of 155.52 feet; thence North, at right angles to the last des- cribed line, a distance of 119.76 feet to the Southwesterly line of Algonquin Road; thence Northwesterly, along the Southwesterly line of Algonquin Road, a distance of 175.0 feet to the point of intersection with the East line of Briar- wood Drive, said point being 33.0 feet East of the West line of said Lot 3; thence South along the East line of Briarwood Drive, a distance of 200.0 feet to the place of beginning, to- gether with the 33.0 feet taken for Briarwood Drive, which lies West of and adjoining the aforesaid parcel of land and also all of Algonquin Road which lies Northerly of and adjoin- ing the Northerly line of the aforesaid parcel of land, in Cook County, Illinois. SECTION TWO: That the said Annexation Agreement shall be binding upon the sue cessor owners of record of the above described land which is the subject of the sa agreement and upon successor municipal authorities of this Village of Mount Prospe 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. ....- /"":- /./ X' ;:;:;'/Y, /::~?=- ", c.",. -",,/' _>-.~ A X>~--,,",___c:--b[ ~ _ ,. /" ...:-'t;.....- ~{.---~ 7::;-;-,...--7"~~.;;.' -- ,..-,;...-.. Mayor -2- PRE-ANNEXA TION AGREEMENT WHEREAS, AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under Trust No. 28683, hereinafter referred to as the "Owner". is the owner of certain real estate, hereinafter referred to as the "Subject Property". which is legally described as follows: Lot 3 (except the West 33.0 feet thereof taken for Briarwood Drive. and except that part falling in Algonquin Road) of Edward Busse's Division of part of the Southeast Quarter of Section 15 and the Northeast Quarter of Section 22, Township 41 North. Range 11 East of the Third Principal Meridian, as per plat recorded in the Recorder's Office of Cook County. Illinois, December 17th. 1919 as Document No. ,6696216, (ex- cept therefrom that part thereof described as follows: Com- mencing' at a point 33 feet East of the Southwest corner of " said Lot 3. said point being on the East line of Briarwood Drive; thence North along the' East line of Briarwood Drive a distance of 164.04 feet to the place of beginning of the herein described part of said Lot 3; thence East. at right angles to the East line of Briarwood Drive, a distance of 155.52 feet; thence North. at right angles to the last des-. cribed line. a distance of 119.76 feet to the Southwesterly line of Algonquin Road; thence Northwesterly, along the Southwesterly line of Algonquin Road, a distance of 175.0 feet to the point of intersection with the East line of Briar- wood Drive, said point being 33.0 feet East of the West line of said Lot 3; thence South along the East line of Briarwood Drive. a distance of 200.0 feet to the place of beginning I to- gether with the 33.0 ,feet taken for Briarwood Drive. which lies West of and adjoining the aforesaid parcel of land and also an of Algonquin Road which lies Northerly of and adjoin- ing the Northerly line of the aforesaid parcel of land I in Cook County I 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 "Villag'e". has the power under state' law to enter into an annexation 'agreement such as set forth herein; and WI1EREAS. the Owner has heretofore filed a petition to annex to the Vil- lng'c the said parcel of land of which it is the owner I contingent upon the provi- sions of this agreement; and WHEREAS. all parties believe it to be in the best interests of the Village and the Owner that the Subj ect Property be annexed to the Village of Mount :;". .''',' '.'{; I,'i,".,f ',l.~ . ~,I:i '['. "'j.-,<' ar'H "., 1<' ,.' II;;J\\,I\, ,I QJ 1 ',~ P:..~ospect; and WHEREAS, the Owner has plans for the use of the Subject Property upon its annexation to the Village of Mount Prospect; and WHEREAS. it is beneficial to both the Village and the Owner that the Sub- j ect Property be annexed and developed as planned; NOW, THEREFORE, it is agreed by and between the Village and the Owner as follows: 1. That, no sooner than December 15. 1973, but within the terms of ttJ.s ag-.ceement. the Village win annex. and the Owner will join the Village in the annexation of. the Subject Property. 2. That the Village shall pass such ordinances as will enable the Sub- j ect Property to be zoned B-1 (Business - Shopping Center District). under the zoning ordinances of the Village of Mount Prospect. The Village will also pass such ordinances so as may be necessary to grant variations for lot size and parldng, as wen as may be necessal"Y to grant a special use to allow a free standing building to be utilized as a restaurant. 3. That all provisions, conditions, and regulations set forth in this agreeri1ent and the documents or plans to which it refers shall supercede all Village ordinances. codes, and regulations that are in conflict herewith as they may apply to the Subject Property. However. where this agreement is silent, the Village ordinances shaH apply and control. 4. 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 restic- tions herein expressed. 0' 5. That. in the event any provisions of this agreement or part thereof shall 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 day of OCT 1 6 1973 . 1973. the same being done seals this pursuant to public hearing. notice, resolution. and other statutory requirements having been fulfilled. ," VILLAGE OF MOUNT PROSPECT. a municipal corporation of the County of Cook and State of Illinois ATTEST: By: Village Clerk OWNER: AMERICAN NATIONAL BANK and TRUST COMPANY OF CHICAGO, as Trustee under Trust No. 28683 ATTEST: By: /' _~ll..t. t'rlESIDnH ~~~'" , . 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