HomeMy WebLinkAboutRes 21-76 05/18/1976
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RESOLUTION NO. 21-76
A RESOLUTION DIRECTING THE EXECUTION OF AN
AMENDMENT TO A CERTAIN ANNEXATION AGREEMENT
WHICH REGULATED THE ANNEXATION TO THE VILLAGE OF
MOUNT PROSPECT OF CERTAIN PROPERTIES GENERALLY
LOCATED NORTH OF ALGONQUIN ROAD AND WEST OF
ELMHURST ROAD
WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect did pass
and approve Resolution No. 3-71 on April 6, 1971; and
WHEREAS, the aforesaid Resolution No. 3-71 directed the execution of a certain pre-
annexation agreement to regulate the annexation to the Village of Mount Prospect pro-
perties generally located north of Algonquin Road and West of Elmhurst Road; and
WHEREAS, a public hearing on the amendment to the aforesaid annexation agreement
was held before the Corporate Authorities of the Village of Mount Prospect at the hour
of 8: 00 p.m. , on May 18, 1976, pursuant to proper legal notice; and
WHEREAS, the Mayor and Board of Trustees of the Village,'of Mount Prospect believe
it to be in the further best interests of the Village of Mount Prospect to amend the afor -
said pre-annexation agreement so as to permit the continued orderly development of
the subject properties.
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 Mayor and Village Clerk of the Village of Mount Prospect
are hereby authorized to sign and attest the amendment to a certain annexation agree
ment dated April 6, 1976, which amendment is attached hereto and hereby made a par
hereof as Exhibit I.
SECTION TWO: That this Resolution shall be in full force and effect from and after it
passage and approval in the manner provided by law.
AYES: 6
NAYS: 0
I PASSED this 18th day of May, 1976.
APPROVED this 18th day of May, 1976.
Mayor
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Village Clerk
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LAW OFF"1CE'S
\SH. ANOS. HARRIS
& FREEDMAN
, W. WA.SHINGTON ST.
CHICAGO 60602
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ANENCMENr 'ID ANNEXATION AGREEMENT
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This Amendment made and entered into by and between the VILLAGE
OF IDUNT PROSPECT, a rrnmicipal corporation of the County of Cook in the
State of Illinois hereinafter referred to as the VILLAGE and LA SAllE
NATIONAL BANK, TRUSTEE UNDER TRUST NOS. 31535 and 40666 hereinafter
referred to as OWNER and UNITY VENTURES, INC., an Illinois corporation
hereinafter referred to as DEVELOPER.
WIT N E SSE T H:
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WHEREAS, the parties hereto did heretofore on April 6, 1971 enter
into a certain Annexation Agreement with regard to certain property which
,was annexed b;y OWNER and DEVELOPER to the VILLAGE, which property' is
more fully described in said Annexation Agreement, and
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WHEREAS, pursuant to the terms of said Annexation Agreement said
Agreement shall be effective for a term of five (5) years from the date
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of said Agreement, and
WHEREAS, there are various obligations on the part of both the
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VILLAGE and the DEVElDPER with regard to the property subject of .'said
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Annexation Agreement as is more fully described therein, and ..~~,
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WHEREAS, said Agreement has reference in various provisions thereof
as to same being effective for a period of five (5) years from the date
of said Agreement, and
WHEREAS, the Legislature of the State of Illinois has amended its
ordinances relating to Annexation Agreements and does now authorize
Annexation Agreements to be entered into by municipalities for a period
of ten (10) years, and
WHEREAS, OWNER and DEVELOPER has corrmenced the development .of the
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property subject of said Annexation Agre~ment and wish to continue with
said development.
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, NOW THEREFDRE, in consideration of the mutual covenants and
conditions hereinafter set forth the parties hereto do hereby agree
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as follows:
1. The parties do hereby ~gree that the Annexat:I,on Agreement
hereinabove described shall'continue in full force and effect for a
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period of ten ,(10) years from the date of said Agreement instead of
five (5) years.
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2. That all references in said Agreement to a period of five (5)
years are hereby autoIIiatically amended to provide for a period of ten (10)
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years.
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3. That all of the other terms and conditions of said Annexation
Agreement not inconsistent herewith shall remain in full force and effect
and all of the parties hereto do hereby agree to comply with and be
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bound by the provisions of said Annexation Agreement for a period of ten
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(10) years from the date of said Agreement or until April 6, 1981.
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IN WITNESS WHEREOF, the parties hereunto have set their hands
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and seals the day and year first above written.
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VILLAGE OF MOUNT PROSPECT, a municipal
corporation of the County of Cook,: ,
State of Ill;~ . ~ /, #?C
By: ~~~Y
ATI'EST: ' Village President '
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Village Clerk
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OWNER :
LA SALLE NATIONAL BANK, TRUSTEE UNDER
TRUSTS NOS. 31535 and 40666 p.nd "-.:,i tei:':llalli
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Assistant Vice President
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LAW or-r,Cf":,S
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, NOW THEREFDRE, in consideration of the mutual covenants and
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conditions hereinafter set forth the parties hereto do hereby agree
as follows:
I. The parties do hereby ~gree that the Annexation Agreement
hereinabove described shall'continue in full force and effect for a
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period of ten ,(10) years from the date of said Agreement instead of
five (5) years.
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2. That all references in said Agreement to a period of five (5)
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years are hereby automatically amended to provide for a period of ten (10)
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years.
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RIDER ATTACHED TO AND MADE A PART OF DOCUMENT
DATED UNDER TRUST NO.-'~ ..
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This instrument is executed by laSALLE NATIONAL BANK, not personally
but solely as Trustee, as aforesaid, in the exercise of the power and
authority conferred upon and vested in it as such Trustee. All the
terms, provisions, 'stipulations, covenants and conditions to be performed
by laSALLE NATIONAL B~IK are undertaken by it solely as Trustee, as
aforesaid, and not individually and all statements herein made are
made on information and belief and are to be construed accordingly,
and no personal liability shall be asserted or be enforceable against
laSALLE NATIONAL BANK by reason of any of the terms, provisions,
stipulations, covenants and/or statements contained in this instrument.
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corporation of the County of Cook,: ,
State O,f ::o~~ ~ /, // &-c
By: ~~LL~.
, Village President
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Village Clerk
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OWNER :
LA SAllE NATIONAL BANK., TRUSTEE UNDER
TRUSTS_ NOS. :1535 and 4067':'" 1>:'; lliillll
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Assistant Vice President
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