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HomeMy WebLinkAboutRes 28-73 10/16/1973 RESOLUTION NO. 28-73 A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION AGREEMENT REGULATING THE ANNEXATION OF PROPERTY LOCATED ON MAP 47-S 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 pro- posed Annexation Agreement for the regulation of an annexation of certain pro- perty to the Village of Mount Prospect, which property is located on Map 47-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 and variations 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 7 in ELMHURST-ALGONQUIN INDUSTRIAL PARK-UNIT NO.2, being a subdivision in the Southeast Quarter of Section 23, Town- ship 41 North, Range 11 East of the Third Principal Meridian, 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 subj ect 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 16th day of October, 1973,,,,, ,,/' /'/ "//' ,- ~ ,.-</' ,,?"/ Y ~/" // ~~.,,-~.. ':\ ~"A/ // ~~ "X'" /' '--- "'''''.... ~.-- - " ."' ;(../...~y .- ~- ,/ . ~ ~~ /.9 ~_:--- ~---e, /- ~;... " J," -""........-,,;..."c__~.... ~.-~~/ Mayor .%id~~:$t:~~.w...;;Y- PRE-ANNEXA TION AGREEMENT WHEREAS, WILKIN PROPERTIES, INC., an Illinois corporation, 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 7 in ELMHURST-ALGONQUIN INDUSTRIAL PARK-UNIT NO.2, being a subdivision in the Southeast Quarter of Section 23, Town- ship 41 North, Range 11, East of the Third Principal Meridian, 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", has the power under state law to enter into an annexation agreement such as set forth herein; and WHEREAS, the Owner has heretofore filed a petition to l!.llnex to the Village the said parcel of land of which it is the owner, contingent upon the pro- visions 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 Prospect; 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- ject Property be 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 join the Village in the annexation of, the Subject 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 t~~... (. r.Jl..:~.ru:. ~~\'W' Il,~J!\) 11 H \hQ) Ii." of the Village of Mount Prospect. The parties hereto do hereby declare that it is to their mutual interest that should the Owner of the Subject Property desire certain variations regarding lot size, side yards, and other setbacks as well as the ex- pansion of existing businesses and facilities, such parties shall be given a full and complete hearing according to the law -- so that the Village may provide varia- tions from its zoning ordinances as may be. reasonable in order to satisfy each legitimate need therefor. 3. That the Owner shall have the right to run service taps from the Subject Property into water and sewer mains which the Village of Mount Prospect may extend eastward along Carboy Road in front of the Subject Property, 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. It is further 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 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 regulations that are in conflict herewith as they may apply to the Subject Property. However, where this agreement is silent, the Village ordinances shall apply and control. 5. 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. -2- , 6. 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 seals this 16th day of October , 1973, the same being done pursuant to public hearing, notice, resolution, and other statutory require- ments having been fulfilled. VILLAGE OF MOUNT PROSPECT, a municipal corporation of the County of Cook and State of Illinois ATTEST: By: /1 ./'"-i /} ,<"7 ~ > / .??: .~"/ / /1 ~~~~. R ~/ L/ /~4;.,~ 'c~e:-e r.-.e-c'.7~ Village President Village J Clerk OWNER: WILKI PRO R TIES, INC., an Illinois corptration j I. l ) By: \, 'ct-Z~>C~eL(/ l., i~/:-fL{,~,~, -3-