HomeMy WebLinkAboutRes 23-73 06/05/1973
RESOLUTION NO. ~ J... 7..J
A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION AGREEMENT
REGULATING THE ANNEXATION OF PROPERTY LOCATED ON MAP l-(A)S IN
THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT
WHEREAS, the Corporate Authorities on April 24, 1973, at the hour of
8:00 p.m. did hold a public hearing upon the proposed Annexation Agree-
ment for the regulation of an annexation of certain property to the
Village of Mount Prospect~ which property is located on Map l-(A)S in the
Zoning Ordinance of the Village of Mount Prospect; and
vfr-iEREAS, a notice of said public hearing was published in a newspaper
of general circulation within the Village of Mount Prospect, in its
April 2. 1973, edition; and
llliEREAS, notice has been given and a hearing has been held on February 16,
1973. at 8:00 p.m. before the Plan Commission of the Village of Mount Pros-
pect with respect to the aforementioned Annexation Agreement and certain
rezoning to be agreed upon therein; and
1'\l1iEREAS) 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 Annexa-
tion Agreement made a part hereof and attached hereto as Exhibit I, which
Annexation Agreement. subject to the provisions of Article 7 of the Illinois
Municipal Code of 1961. shall regulate the annexation of the following
described property:
PARCEL NO.1
."'
The East Half (1/2) (Except that part thereof described
as follows: Beginning at the Southwest corner of said
East Half (1/2) running thence East along the South line
of said East Half (1/2) 165.3 feet; thence North parallel
with the West line of said East Half (1/2), 270 feet;
West parallel with the South line of said East Half (1/2)
165.3 feet to the West line of said East Half (1/2) thence
South along the West line of said East Half (1/2) 270 feet
to the place of beginning; and also excepting from said
tract the North 132 feet of the South 534 feet thereof) ~
of the Southeast Quarter (1/4) of the Southeast Quarter (1/4)
of the Northwest Quarter (1/4) of Section 10, Township 41
North, Range 11, East of the Third Principal Meridian, in
Cook County, Illinois.
PARCEL NO. 2
The North One Hundred Thirty-Two (N.132) feet of the South
Five Hundred Thirty-Four (S.534) feet of the East Half (/2)
of the Southeast Quarter (SE 1/4) of the Southeast Quarter
(SE 1/4) of the Northwest Quarter (NW 1/4) of Section Ten (10),
Township Forty-one (41) North. Range Eleven (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
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
ITem and aiter its passage and approval in the manner provided by law.
AYES: "I
NAYS: J.
PASSED and APPROVED this y't-4day of
tr u #I!!.
. 1973.
ATTEST :.
d.Jt//..-~
Village ClerK
/" K'/ /?
~/~/ . .';/' ; '.'L~-'
e~~~/ /~e~-.- ':/:. ./~-
/c~~ _____'- ,.......~': - ~_ ,,,.."'1';;..."-,,
--.' . Mayor
ANNEXATION AGREEMENT
WHEREAS, JAMES P. SHEEHAN, JOHN L. SULLIVAN and JAMES FLOOD,
doing business as J. P. SHEEHAN DEVELOPERS, hereinafter referred to
as "Owner", is the owner of the following legally described land and
territory, hereinafter referred to as the "Subject Property":
PARCEL NO. 1
------
,"'''.
The East Half (1/2) (Except that part thereof described
as follows: Beginning at the Southwest corner of sai~
East Half (1/2) running ,thence East along the South lIne
of said East Half (1/2) 165.3 feet; thence North parallel
with the West line of said East Half (1/2), 270 feet;
West parallel with the South line of said East Half (1/2)
165.3"feet to the West line of said East Half (1/2) thence
South along the West line of said East Hal~ (1/2) 270.feet
to the place of beginning; and also exceptIng from saId
tract the North 132 feet of the South 534 feet thereof),
of the Southeast Quarter (1/4) of the Southeast Quarter (1/4)
of the Northwest Quarter (1/4) of Section 10, Township 41
North, Range 11, East of the Third Principal Meridian, in
Cook County, Illinois.
PARCEL NO.2
The North One Hundred Thirty-Two (N.132) feet of the South
Five Hundred Thirty-Four (S.534) feet of the East Half (1/2)
of the Southeast Quarter (SE 1/4) of the Southeast Quarter
(SE 1/4) of the Northwest Quarter (NW 1/4) of Section Ten (10),
Township Forty-one (41) North, Range Eleven (11) ..Ea~t of
the Third Principal Meridian, in Cook County, Jlllnols.
and
WHEREAS, the VILLAGE OF MOUNT PROSPECT, a municipal corporation,
organized under the laws of the State of Illinois, hereinafter re-
ferred to as the llVillage", 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 annex
to the Village the Subject Property contingent upon 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 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 Subject Property be annexed and developed as planned;
..
:r::-
NOW, THEREFORE, it is agreed by and between the Village and
the Owner as follows:
1, That the Village will annex the subject property.
2" That the Village shall pass such ordinances as will enable
the Subject Property to be zoned R-l.
3. That the Owner agrees to execute and the Village agrees to
approve a plat of subdivision, drawn at the Ownerfs expense, and
meeting all applicable ordinances of the Village.
4. That, in addition to providing and installing all storm
sewers necessary to serve the Subject Property, the Owner will pay
t1j~7d! t?/ to the Village to off-set already incurred Village
expenses by reason of the Mount Prospect Special Assessment No. 70.
S. That only laws in effect at the date hereto shall apply
to the Subject Property and any future amendments or changes to
building, housing. subdivision, zoning or any other applicable ordi-
nances during the term of this agreement shall not apply to the Sub-
ject Property without the Owner's consent; however, if there are
any changes of said laws and the same are less restrictive in their
application to the Subject Property, then the Owner shall be entitled
to the benefit of the change if it elects.
6. That all provisions. conditions, and regulations set forth
in this agreement and the documents or plans to which it refers shall
supersede all Village ordinances, codes, and regulations that are in
conflict therewith as they may apply to the Subject Property. How-
ever, where this agreement is silent, the Village ordinances shall
apply and control.
7. That this agreement shall be effective for a term of
five (5) years from the date hereof.
(a) However, construction under any building permit
issued pursuant to the terms of this agreement need not be
completed, and any such permit shall remain in full force
and effect for a period of five (5) years from the date of
issuance of the said permit.
(b) It shall bind the heirs, successors, and assigns
of the Owner; the Village; its corporate officials; and
their successors in office.
(c) Nothing herein shall in any way prevent the aliena-
tion 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 restrictions herein expressed.
- 2 -
i. .
8. That, in the event any provisions of this agreement shall
be deemed invalid~ such invalidity of said provision shall not affect
the validity of any other provision hereof.
IN WITNESS WHEREOF, the parties hereto have
hands and sea.ls this _.s... )14__.. day of :r'Y,l#/!Z
entered their
, 1973.
VILLAGE OF MOUNT PROSPECT
ATTEST:
''I L
d:~ (/ ,A~,~~~,~~
Village Clerk
By:
/i ~A.//
'-:::'P-hrz-""1h #"-' ..; ~~~
/)ffies P. eehan
y
Owner
~~ -..
~ .J.1t: \
. n ~. ul1ivan
-)
Owner
wner
- 3 -