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HomeMy WebLinkAboutRes 34-80 08/19/1980 n "-- 8/12/80 RESOLUTION NO. 34:-89, A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT RE: PUBLIC IMPROVE- MENTS IN ROCCO DE PAUL RESUBDIVISION BE I T RESOLVED BY THE PRESIDENT AND BÖARb OF TRUSTEES OF THE VILLAGE OF aUNT PROSPECT, COOK COUNTY, ILLIN'OIS'AS FOLLOWS: SEC, ION ONE: The Board of Trustees of the Village of Mount Prospect her by authorizes the Village President to sign and the Village Clerk! to ttest the Agreement between Rocco De Paul and the Village of Mou t Prospect attached hereto as Exhibit A and incorporated herein by ,his reference, for the provision of public improvements in the Roc.o De Paul Resubdivision. I SEC'ION TWO: This Resolution shall be in full force and effect from and;after its passage and approval in the manner provided by law. I . Pas es th1s 19th day of August ,1980. AYE,: Farl~y, Floros, Miller, Murauskis, Richardson NAY: None ABS T: Wattenberg App oved this 19th day of August , 1980. Approved: ...... ....' &~ II /:L- ViI age President '- Atte~/t: , ~y~ - V'llage Clerk .i , . . .. --- . . n AGREEMENT This Agreement made this 3~ day of September , 1980, between the Village of Mount Prospect, a municipal cor- poration in the County of Cook and State of Illinois (herein- after "the Village"), Cosmopolitan National Bank of Chicago, a national banking association, having its principal office in Chicago, Illinois, as Trustee under a Trust Agreement dated land not personally February 13, 1962, and known as Trust NQ. 11794 (hereinafter "Cosmopolitan"), and Rocco DePaul of 1201 S. Hickory, Mount Prospect, Illinois 60056; W I T N E S S E T H: title holder WHEREAS, Cosmopolitan is the o~r of that certain real estate, a legal description of which is attached hereto as Exhibit A, located in the Village of Mount Prospect (hereinafter "the Rocco DePaul Resubdivision"); and WHEREAS, Rocco DePaul is the beneficiary of Trust No. 11794, under which Cosmopolitan holds title to the Rocco DePaul Resubdivision; and WHEREAS, Rocco DePaul has petitioned the Village for approval of a plat of resubdivision with respect to said Rocco DePaul Resubdivision; and WHEREAS, various public improvements, including but not limited to, water mains, street curbs, gutters, and side- walks, have not been installed in said Rocco DePaul Resub- division; and '.,..' . n - 2 - f) WHEREAS, the President and Board of Trustees of the Village have determined it to be in the best interest of the residents of the Village that said plat of resubdivision be approved conditioned upon the payment by the owners of the Rocco DePaul Resubdivision of the cost of any future installa- tion of any public utilities deemed necessary by the Village; NOW THEREFORE, in consideration of the mutual cove- nants and agreements hereinafter contained and other good and valuable consideration, it is mutually agreed between the Village, Cosmopolitan, and Rocco DePaul as follows: 1. The Village agrees to approve the plat of resub- division submitted by Rocco DePaul, notwithstanding the absence of various public improvements including but not limited to water mains, street curbs, gutters and sidewalks, subject to the provisions of Section 2 of this Agreement. 2. Xbs~JqX~XRoccO DePaul agreesthat ~ he will not object to the creation of a special service area or the levying and collection of a special assessment applicable to the Rocco DePaul Resubdivision nor will be: object to any other method of assessment or charge which the Village elects to use in order to install such public improvements in the Rocco DePaul Resubdivision as the Village deems necessary. 3. This Agreement shall be binding upon the parties hereto and their heirs, successors and assigns, and shall run wi th the land. r .. " t -. ~ - 3 '\"' " n 4. This Agreement shall be recorded with the recorder of deeds of Cook County, Illinois and registered with the Registrar of Titles of Cook County, Illinois. IN WITNESS WHEREOF, the Village has caused this Agreement to be executed by its Mayor and attested by its Clerk and the official seal of the Village to be hereunto affixed, and Cosmopolitan has caused this Agreement to be executed by its Vice President and attested by its Assistant Trust Officer and the official seal of Cosmopolitan to be hereunto affixed, and Rocco DePaul has executed this Agreement,all as of the date and year first above written. VILLAGE OF MOUNT PROSPECT ~~r # )I~ ./, ;Z2f~ ',./ Clerk .Jí: /17c¡r COSMOPOLITAN NATIONAL BANK OF CHICAGO \ " By ATTEST: ~A¡l.L Rocco DePaul '- " S,UBSCRIBED AND S'~ TO BEF~, R ME'THIS Á' DAY OF , ' , , 1980. ~~~~ Not<:1ry Public ~ , .. n, n EXHIBIT A A Resubdivision of Lot 4 in "DePaul's Sub- division", being a Subdivision of part of the Northwest quarter of Section 10, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois. ." .h , f::' ,. ,1 NO. THE COSMOPOLITAN NATIONAL BANK OF CHICAGO, AS TRUSTEE UNDER TRUST 11794 Is not a party to the foregoing agreement herein referred -t, to. It is undérstood and agreed as follows: . THE COSMOPOLITAN NATIONAL BANK OF CHICAGO, as Trustee under the above entitled trust, holds only legal title to the premises which are the subject of this agreement herein referred to. THE COSMOPOLITAN NATIONAL BANK ŒCHICAGO makes this statement not individually but as Trustee, solely for the purpose of subjecting its interest, if any, in the legal title to the premises which are the subject of this agree- .. ~'~-'.~'-menCthere i h referred to the terms thereof. Any claims against said trust, individually or in its tnst capacity, which may result herefrom, shall be payable only out of the property which is the subject matter thereof. I t Is here~y agreed and understood that THE COSMOPOLITAN NATIONAL BANK OF CHICAGO, neithr individually nor as Trustee; by the execution hereof, has ratified any of the terms of the aforesaid agreement nor the signing thereof, insofar as it purports to be signed by ROCCO DE PAUL on behalf of THE COSMOPOLITAN NATIONAL BANK OF CHICAGO. ._'--~'--- ---~ .. THE COSMOPOLITAN WnlONAL BANK OF CHICAGO, '.' . as Trustee and not individually, .. ~T~~~:"~iA§"".,Tf7!E.q"T~~!'§~Þ'~~~~T' .' -~.~ ..~.. .. - .._- ..,~ ,6,.~. "'. '..' '\l President & Trust Officer ~rúst' Offícer.. . .. ---"""."""""" .