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HomeMy WebLinkAboutRes 03-06 02/07/2006 RESOLUTION NO. 3-06 A RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT AND OPUS BRIARWOOD, LLC, A DELAWARE LIMITED LIABILITY COMPANY WHEREAS, Opus Briarwood, LLC, a Delaware limited liability company (hereinafter the "Owner") is the owner of the real estate described in Exhibit A of the Annexation Agreement referred to below (hereinafter the "Property"); and WHEREAS, Owner desires to enter into an Annexation Agreement (hereinafter the "Annexation Agreement") concerning the Property, and is ready, willing and able to enter into said Agreement and to perform the obligations as required thereunder; and WHEREAS, a true and correct copy of such Annexation Agreement is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect, Cook County, Illinois, did hold a public hearing on February 7, 2006, to consider the Annexation Agreement for the annexation of the Property, which is not presently within the corporate limits of any municipality but is contiguous to the Village of Mount Prospect, and WHEREAS, the statutory procedures provided in Chapter 65 ILCS 5/11-15.1-1 through 5/11-15.1-15, as amended, for the execution of said Annexation Agreement have been complied with; the public hearing on said Agreement having been held pursuant to proper notice; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect, Cook County, Illinois, have determined that it is in the best interests of the Village of Mount Prospect that said Annexation Agreement be entered into by the Village of Mount Prospect. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION 1: The Preambles hereto are hereby made a part of, and operative provisions of, this Ordinance as fully as if completely repeated at length herein. SECTION 2: The Corporate Authorities of the Village of Mount Prospect hereby find that it is in the best interests of the Village of Mount Prospect and its residents that the aforesaid "Annexation Agreement" be entered into and executed by said Village of Mount Prospect, with said Agreement to be substantially in the form attached hereto as Exhibit A. SECTION 3: The Mayor, for and on behalf of the Village of Mount Prospect, is hereby authorized within her discretion to execute the Annexation Agreement. SECTION 4: The Mayor and Village Clerk, for and on behalf of the Village, are hereby authorized to execute any documents and to perform any acts necessary to effect the fulfillment of all the terms and conditions of the Annexation Agreement. SECTION 5: This Resolution shall be effective immediately from and after its passage by two-thirds of the Corporate Authorities and approval. PASSED and APPROVED this yth day of February, 2006, by two-thirds of the Corporate Authorities on a roll call vote as follows: AYES: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel, Wilks NAYS: None ABSENT: None ATTEST: ~~;#~ Irvana K. Wilks Mayor ~()f ~ ~.... -.' -c ,-c M. Lisa Angell ' Village Clerk H:\CLKO\files\WIN\ORDINANC\Briarwood - resolution Annexation AgreementFEB2006.DOC Briarwood - resolution Annexation AgreementFEB2006 2 EXHIBIT A ANNEXATION AGREEMENT Briarwood - resolution Annexation AgreementFEB2006 3