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Home My WebLink AboutRes 18-73 04/26/1973 RESOLUTION NO, J~ -13 A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION AGREEMENT REGULATING THE ANNEXATION OF PROPERTY LOCATED ON MAP 47-S IN THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Corporate Authorities of the Village of Mount Prospect on April S~ 1973, 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 certain property to the Village of Mount Prospect, which property is located an Map 47-S in the Zoning Ordinance of the Village of Mount Prospect; and which public hearing was continued to April 26, 1973, at the hour of 8:00 P,M.; and WHEREAS, a notice of said public hearing was published in a newspaper of general circulation within the Village of Mount Prospect. in its March 21, 1973, edition; and 'WHEREAS 2 J[j,otice has been given and a j oint hearing was held on March 16, 1973 at 8:00 p.m. before the Plan Commission and the Board of Appeals of Village of Mount Prospect with respect to the aforementioned Annexation Agreement and certain rezoning, variations, and special uses to be agreed upon therein; and lffiEREAS, the Corporate Authorities of the Village of Mount Prospect believe that such Agreement is in the best interests of the Village of Mount Prospect, NOW, THEREFORE, BE IT ORDAINED 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 O1'~ni ~rospect 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 I, which Annexation Agreement, pursuant to the provisions of Division 15,1 of Article 11 of Chapter 24 of the Illinois Revised Statutes shall regulate the annexation of the following described property: Lots I, 2, 3, 4, 5, 6, 8 and 9 in Elmhurst-Algonquin Industrial Park Unit No.2, being a subdivision in the Southeast 1/4 of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois together with All that part of Nordic Road lying West of and adjoining Lot 1 through 5 aforesaid and all that part of Carboy Road lying East of the West line of Nordic Road extended South in all the aforesaid subdivision in Cook County, Illinois. SECTION TWO: That the said Annexation Agreement shall be binding upon tne 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 anc after its passage and approval in the manner provided by law. ~ t:I AYES: NAYS: PASSED Billl APPROVED this ~ ~ -;..( day of 1i- It "" "? ' . 1973. ~. /-:/., .; .' //:/L" /c;27 ....-/'~...-:7 /'4 v ../ .. /.....~ ?/."", / .. ./ .' ,"^~."^.,,'''''' '.I - ./ "" , , /Y" /',;;? ~---<:....-e' ~. ...-//-'-- f-t::-----../ '--'''''Z.:/ __/ "-- -~ Mayor ATTEST: /1 I 1/, . ~~~I//~h?~/~-n_z~~' . Vlllage Clerk " Pre-Annexation Agreement WHEREAS) tae La Salle National Bank as Trustee under Trust No, 35968 is the owner of certain parcels of real estate and Roy Gottlieb is a beneficiary of said trust witn power of direction as to said trust; the Exchange National Bank as Trustee under Trust No. 21367 is the owner of certain parcels of real estate and Irving j-lalow) Joseph p, Itrich, and Henry Small are beneficiaries of said trust with power of direction as to said trust and Carl G. Bornsen and Gloria Ann Bornsen, t~e A, J, Maggio Company. and the William A, Duguid Company arc owners of certain parcels of land -- all of said parcels herein- after referred to as the HsuDject prollertyli which is legally described as follows.; Lots 1) 2; 3; 4; 5) 6, 8 and 9 in Elmhurst-Algonquin Industrial Park Unit No, 2 being a subdivision in the Southeast 1/4 of Section 23 ~ Township 41 Nortll, Range 11,_ Bas t of the Third Principal I'Ieridian in Cook County) Illinois together with All t~at part of Nordic Road lying West of and adjoining Lots I through 5 aforesaid and all that part of Carboy Road lying East of the West line of Nordic Road extended South in all tile aforesaid subdivision in Cook County, Illinois; and t'lHEREAS the Village of Hount Prospect, a municipal corporation, organized under the laws of the State of Illinois, hereinafter referred to as the \lVillageil) has the power under state law to enter into an annexation agreement such as set forth herein~ and WHEREAS) the owners have heretofore filed petitions to annex to the Village the said parcels of land of which they are the owners, con- tingent upon the provisions of this agreement and f1 WHEREAS; all parties believe it to be in the best interests of the Village and the ()l,.mers tilat the subj ect property be annexed to the Village of Mount Prospect. and WHEREAS) the Ol'mers have plans for the use of the sub j ec t property upon its annexation to the Village of Mount Prospect; and WHEREAS, it is beneficial to both the Village anci the Owners that the subject property be annexed and developed as planned; NOW:, THEREFORE) it is agreed by ancl between the Village and Owners rr4 /8.1 '.,. I~' - 2 - as follows: 1. That the Village will annex) and that the Owners hereinabove 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 I-I; Light Industrial District, under the zoning ordinances of the Village of Y.10unt P:;::ospect. The parties hereto do hereby declare that it is to their mutual interest that should the Owners of the subject property or any of them desire certain variations regarding lot size, side yards, and other setbacks as well as the ex- pansion of existing businesses and facilities, such parties shall be given a full and complete hearing according to the law - - so that the Village may provide variations from its zoning ordinances as may be reasonable in order to satisfy each legitimate need therefor. 3. That the OV!7.H~:rS shall have the right to run service taps from. each parcel of the subject property into water and sewer mains which the Village of Mount Prospect may extend down Nordic Road and on the easement which lies betvlcen lots 8 and 9 of the subject propertY:l upon payment of the usual and normal tap-on fees as prescribed in the Mount Prospect Municipal Code of 1957~ as a~ended:l under Section 23.105 for the sewer ta~-on charge and Section 21,1403 for the water main tap-on charge. I t is unders tood that 110 other charge for these mains or their installation shall be made and that such tap-on shall not be mandat~ry. 4. That the Village will make reasonable efforts to arrange to cause the water detained in the retention pond (Lot 6) to flow into future storm water mains, in order that said Lot 6 may be utilized by the Owner thereof with a use falling under the Light Industrial zoning classification. 5. That all provisions, conditions3 and regulations set forth in this agreement and the documents or plans to ivhich it refers shall super- cede all Village ordinances~ codes, and regulations that are in conflict - 3 - herewith as they may apply to the subject property. However, where this agreement is silent, the Village ordinances shall apply and control. 6. That this agreement shall be effective for a term of five (5) years from the date hereof. (a) It shall bind the heirs, successors, and assigns of the Owners; the Village; its corporate offici~ls; 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. 7. That~ in the event any provisions of this agreement or part thereof shall be deemed invalid, such invalidity of said provision or part thereof shall not affect the validity of any other provision hereof. IN WITNESS WHEREOF, the parties hereto have entered their hands and ~~ / seals this pf 6 day of A, I< / '- , 197.1, the same being done pursuant to public hearing, notice, resolution, and other statu- tory requirements having been fulfilled. ATTEST: By: OWNERS: OWNERS: LA SALLE NATIONAL BANK, as Trustee under Trust Number 35968, by Roy Got tlieb, ,,:Lts beneficiary ~ with power of d~~<t:t~.o~. i;2' ,/: / ( /_Lj" t By: '."/',,/ ,,' ,t ;:;:....>'1\ R Y Gottlieb ~ f j L A. J. . ~,COMPANY / ,~~ ,o\'x)j,l ., ".? /1 "'-_ By : C '" .,,~,. / \_-"'--::''--&J'7:;/ L,.,'l A. J. Maggi0',;!President , ' // // &;:/ ,f:' 4; 2 'J'l-',;/t:.-~. '-.-. Carl G. Bornsen EXCHANGE NATIONAL BANK, as Trustee under Trust Number 21367, by Irving Malow.~~eph P.. I!X!~h, an~ Henry Small, ], ts....,;~enefle],ari~, Wl th powers of diree tion";.. ) " " ...--'~~~._._.'.~ -..~ - .~'<. "'.-..".;;,.......'" ay: WILLIAM A. DUGUID COMPANY .-/t{,)-t''c tL 6_1 L't" 13 cf?l;L..".V........-......... Gloria Ann Bornsen Presiden:':