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Home My WebLink AboutRes 03-70 02/17/1970 RESOLUTION No.3..... ? 0 A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION AGREEMENT REGULATING THE ANNEXATION OF PROPERTY LOCATED ON MAP 42-S OF THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS~ the Corporate Authorities on February 17, 1970, 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 prop- erty to the Village of Mount Prospect located on Map 42-S of the . Zoning Ordinance of the Village of Mount Prospect; and WHEREAS, notice of the said public hearing was published in a newspaper of general circulation within the Village of Mount Prospect in its January 30, 1970 edition; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect believe that such agreement is for the best interest of the Village of Mount Prospect. NOW, THEREFORE, BE IT RESOLVED, BY THE PRESIDENT fu~D BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT: 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 subject to the provisions of Article 7 of the Illinois Municipal Code of 1961, shall regulate the annexation of the following described property: The East 138.80 feet of the West 338.80 feet of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 23, Township 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 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 pro- vided by law. AYE S : " NAYS: 0 PASSED AND APPROVED this /7 t1tay of 1970. ATTEST: J4 l{' Village ANNEXATION AGREEMENT WHEREAS, Mary Leitner, and Walter M. Leitner and Jean G, Leitner, his wife, hereinnft0r roferrc~ tJ as ',,"':'~-::j::."S?~:; rl:'....~ ~~'....~(;rs of Parcels A and B respectively, which parcels are legally described as follows: Parcel A That part of the East 138,80 feet of the West 338.80 feet of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 lying North of the South 412 feet and East of the West 72.0 feet of the said East 138.80 feet of the West 338.80 feet of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian,in Cook County, Illinois. Parcel B The East 138.80 feet of the West 338.80 feet of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 (except that part lying North of the South 412 feet and East of the West 72.0 feet thereof) of Section 23, Township 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 nVillagel!, has the power VT':.'1er state law to enter into an annexation agreement such as set forth herein; and WHEREAS, the owners have heretofore filed a petition to annex to the Village a p~rce1 of land of which they are the owners, con- tingent upon the provisions of this agreement, which parcel is hereinafter referred to as the "subject property" and legally described as follows: The East 138.80 feet of the West 338.80 feet of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 23, Township 41 North, Range II, East of the Third Principal Meridian, in Cook County, Illinois: and - 2 - REA~ all parties believe it to be in the best interests .2.S:'~ :",.lJ thE::' OliJI18YS that the subject property be ;'.rc~:,~;xed to the Village of Mount Prospect; and ~JAS, the Owners have plans for the use of the subject property .' ,j ~.- ~.,_......J anncxatlon to the Village of Mount Prospect; and it js beneficial to both the Village and the Owners that .j.",. " j ect property be annexed and developed as planned; j,;>f,: THEREFORE , it is agreed by and between the Village and Owners "_ tollows: 1, '[';1:1 t tile Vi l1age wi 11 annex the sub j ect property. 2. Tkltt.he Village shall pass such ordinances as will i~,lablc tLe no:ctherly 2056.10 feet, more or less, of the subject " ~)'_: 'cy to D8 zoned R-l ~ wi th the remainder of the property j :;",c:: R- 4 lmder the zoning ordinances of _the Village of Mount ,. ~ ,-' '\(;ct.. ;'h'1 t '::ilC Owners agree to execute and the Vi 11 age agrees \- ("\ ,,'Olie a plat of subdivision, drawn at Village expense, dication of the southernmost thirty-three (33) feet 0: - ~ sLbiect property for public right of way and street, and }~'d;, 'ri Qlng the sub j ect property into three (3) lots as ~ ! ." '>..u_.. Lat 1. That part of the subject property owned by i', ~"'r .,Cii,:,1'!,c.:::.:' and legally described as Parcel A above. Cb: LO~ 2: That portion of the subject property lying ;:_'~,): j.... ':.=..;1C: l)'{ ed and aforementioned Lot 1 and north of ,;n",th8LLy line of the said Lot 1, if such line were to be :L;':' t:) 'the wes tCJ:ly limi ts of the subject property, r C'" l.. ,,) Lot 3: That remaining pnrtion of the subject _~ .l' :.) ~/' _ '" liot included in the proposed Lots 1 and 2 referred " <-""\ ..f.i 1~,.;:;:.;r\ln.ab01.l8" - 3 - 4. That the Village shall aid In the acquisition of a thirty-three (33) foot wide right of way easement south of the subject property, which easement shall extend eastward to Illinois Route 83 (Elmhurst Road) to provide access to the subject property from Elmhurst Road. (a) The Village agrees that it shall not assess or specially tax the Owners for any street improvement which may be placed upon either the said easement or the dedicated right of way referred to in paragraph 3 above should. a roadw:.ay improvc- mentbe made on either or both the said easment or dedicated right of way in the future. (b) It is understood between the parties hereto that the Village does not agree to install any roadway improvement upon either the said easement or dedicated right of way referred to herein. 5. That the Village will grant a special use permit for the construction and operation of a swimming pool in conjunction with the R-4 residential development proposed for the subject property, should the Owners of the proposed Lot 3 desire such a permi t. 6. That the Owners of the proposed Lot 3 will develop or cause to be developed thereon a residential development which meets the approval of the President and Board of Trustees of the Village; and further, will maintain thereon any open space as open space. 7. That only laws in effect at the date hereto shall apply to the subject property and any amendments or changes to building~ ' housing, subdivisions zoning or any other applicable ordinances during the term of this agreement shall not apply to the subject property without the Owners' consent; however, if there are any - 4 - changes of said laws and the same are less restrictive in their application to the subject property, then the Owners shall be entitled to the benefit of the change if they elect. 8. Thatc in order to safeg~ard the residents of multi-family dwellings, the Owners agree that they will install double or 1Ij immy-proof" locks on all apa'rtment uni t entrance doors for protection against burglary. 9. 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 regu- lations that are in conflict therewith as they may apply to the subject property. However, where this agreement is silent, the Village ordinances shall apply and control. 10. 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 com- pleted, and any such permit shall remain in full force and effect, for a period of five (5) years from the date of the issuance of the said permit. (b) It shall bind the heirs, successors. and assigns of the Owners, the Village; its corporate officials; and their successors in office. (c) 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 condi- tions and restrictions herein expressed. 11. That, in the event any provisions of this agreement shall be deemed inva]id~ such invalidity of said provision shall not affect the validity of any other provision hereof. - 5 - IN WITNESS WHEREOF~ the parties hereto have entered their hands and seals this 17+4 day of F$B~ V A ~ 1/ ~ 1970) the same /' being done pursuant to public hearing~ notice1 resolution, and other statutory requirements having been fulfilled. VILLAGE OF MOUNT PROSPECT By: ATTEST: Owners: I r-"-~ ! I ' "-" .' , :,/ i / lG ~ l't..-I ) , . " '{....c 'V t^LL r Mary ,J,ei tner :<L t::;.~/{~i~t )"J / (x.~~~I;~.c'- Walter M. Leitner ." " ~ -1 ~~j / '~;~'-G~ "L:~ tnW~ t;..~~c/L ;/