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HomeMy WebLinkAboutRes 27-72 10/17/1972 RESOLUTION NOo 27-72 A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION AGREEMENT REGULATING THE ANNEXATION OF PROPERTY LOCATED ON MAP 37-S OF THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, pursuant to proper legal notice published September 28, 1972, the corporate authorities of the Village of Mount Prospect, at the hour of 8:00 p.m., on October 17, 1972, did hold a public hearing upon the proposed annexation agreement for the regulation of the annexation of property to the Village of Mount Prospect, which property is located on Map 37-S of the Zoning Ordinance of the Village of Mount Prospect; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect believe that such agreement is for and 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 "b.", which annexation agreement, subject to the provisions of Article 7 of the Illinois Municipal Code of 1961, shall regulate the annexation of the fol- lowing described property: Lots 45, 46, 47, 48 and 49 and all t:,at pari:: of Briarwood Drive West lying Easterly of a straight line drawn from the North West corner of Lot 49 to the SOuth West corner or Lot 42 and lying Westerly of a straight line drawn from the North East corner of Lot 45 to the South E~st corner of Lot 44 all in Lake Briarwood Unit No.2, a subdivision of part of the West 1/2 of tte East 1/2 of Section 22, Lownship 41 North, Range II, East of the Third Principal Meridian, also the Southerly 90,0 feet, as measured at ri~ht angles to the South line thereof, of Lot 9. the Southerly 90,0 feet. as measured at right angles to the South line thereof. of Lot 10. all of Lots 11, 12, 17, 18, the Southerly 70,0 feet, as measured at right angles to the South line thereof, of Lo~ 19, and the Southerly 70.0 feet as measured at right angles to the South line thereof, of Lot 20 and all that pa~t of Lynn Court lying Southerly of the Hesterly extensior. or. L:e Nor::h line of the South 70,0 feet, as measured at rigtt a~L~es to the SOli~h line thereof, of Lot 19, all in Lake Bria~W00G, a Subdivision ot part of the West 1/2 of the East 1/2 of Section 22, Township 41 North~ Range 11, East of the Third Principal Meridian, all 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 Prospect9 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 5 o and APPROVED this 1 7 day of Octob?r , 1972. ATTE?T: ~....-;? /", </' 1/ ",//" 1/'" ~".~" "-,,.9',/ / L::: / //;. /......".-, #/ ~,.,;7 r~ / ./ ?' /.._---' /e:;;,.?--~;:: ~~:::-<>c~c.______.,,_~~:'--~2:_.~ _.' f Mayor d," "l ',-/ ./ lr ,t/ .A~,~JI ..... () , ).(J,(i'---J-- if' \/"'-:/,!'-',_Ir~./:..// / Village Clerk- Pre-Annexation Agreement WHEREAS, the National Bank of Austin as Trustee under Trust and not personally No. 3493 / is the owner of the following parcels of real estate: Lots 11, 12, 17, and 18 in Lake Briarwood, a subdivision of part of the West Half of the East Half of Section 22, Township 41 North, Range 11, East of the Third Principal Meridian; and The Southeasterly 90! of Lots 9 and 10 as measured at right angles to the Southeasterly line of said Lots 9 and 10; and the Southeasterly 70' of Lots 19 and 20 as measured at right angles tti the Southeasterly line of said lots 19 and 20 (except any part thereof falling in the Northeasterly 68' of said Lot 20), all in Lake Briar- wood, a subdivision of part of the West Half of the East Half of Section 22, Township 41 North, Range 11, East of the Third Principal Meridian; and Lots 45 through 47, inclusive, in Lake Briarwood Unit #2, a subdivision of part of the West Half of the East Half of Section 22, Township 41 North, Range 11, East of the Third Principal Meridian, in Elk Grove Township, Cook County, Illinois; and WHEREAS, the Michigan Avenue National Bank as Trustee under Trust No. 1588 is the owner of the following additional real estate: Lots 48 and 49 in Lake Briarwood Unit No.2, a subdivision of part of the West half of the East half of Section 22, Township 41 North, Range 11, East of the Third Principal Meridian, in Elk Grove Township, 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 s.t forth herein; and WHEREAS, the owners have heretofore filed a petition to annex to the Village parcels of land of which they are the owners, hereinafter referred to as 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 Owners that the subject property be annexed to the Village of Mount Prospect; and WHEREAS, the Owners have plans for the use of the subject property upon its annexation to the Village of Mount Prospect; and IE~W1~[ffi~1f u , ...~ - 2 - WHEREAS, it is beneficial to both the Village and the Owners that the subject property be annexed and developed as planned; NOW, THEREFORE, it is agreed by and between the Village and Owners as follows: 1. That the Village will annex, and that the Owners herein- above described will join the Village in the annexation of, the subject property. 2. That the Village shall pass such ordinances as will enable the subject property to be zoned R-l, Single Family Residence District, under the zoning ordinances of the Village of Mount Prospect. 3. That within the terms of this Agreement, the Owners shall construct or shall cause to be constructed upon each of the lots com- prising the subject property a single family residence. A. The subject property shall be resubdivided in accord with the Plat of Subdivision attached hereto and made a part hereof as Exhibit I. i. In accordance with Village ordinances, the Owners 'shall post subdivision bonds guaranteeing the installation of public lm- provements as shown upon the Utility Plan attached hereto and made a part hereof as Exhibit II. ii. It is understood, however, that the Owners will not install public sidewalks in the public right-of-way adjacent to and along the frontage of each subdivided lot -- since the remaining lots in the original subdivision known as Lake Briarwood and Lake Briarwood Unit #2 have been developed without public walks so as to create a rural atmos- phere. ~ B. 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 herewith as they may apply to the subject property. However, where this Agreement is silent, the Village ordinances shall apply and control. 4. That this Agreement shall be effective for a term of - 3 .- tlve (5) years from the date hereof. A. It shall bind the heirs, successors, and assigns of the Owners; 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. j. 1hat, in the event any provisions of this Agreement o~ part thereof shall be deemed invalid, such invalidity of said provision or part thereof shall not affect the validity of any other provision her eo f" IN WITNESS WHEREOF, and seals this /7tl day of parties hereto have entered their hands ILEj;~.l::. , 19'72, the same being done pursuant to public hearing, notice, resolution~ and other statutory requirements having been fulfilled" VILLAGE OF MOUNT PROSPECT By: ~:<</\\~~;;>:i/:i. :?~:/;' AC-Z/;;(-'7..-:._../~..."- .L~,- ._/<:~ .... / , Village President ATTEST: /" " ~/ /' - f:/<,- c~'.._~' "f/'" , / '- e ( "' '- to"" (,/ ,,"~,,>~~"-,.:--.~ - ?-/~/f-,,'I..-ct. " ....,.. Village Clerk OWNERS: NATIONAL BANK OF AUSTIN, as Trustee under Trust No. 3493 Po By: MICHIGAN AVENUE NATIONAL BANK, as Trustee under Trust No. 1588 By:_