HomeMy WebLinkAboutRes 27-72 10/17/1972
RESOLUTION NOo
27-72
A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION
AGREEMENT REGULATING THE ANNEXATION OF PROPERTY LOCATED
ON MAP 37-S OF THE ZONING ORDINANCE OF THE VILLAGE OF
MOUNT PROSPECT
WHEREAS, pursuant to proper legal notice published September 28, 1972,
the corporate authorities of the Village of Mount Prospect, at the hour
of 8:00 p.m., on October 17, 1972, did hold a public hearing upon the
proposed annexation agreement for the regulation of the annexation of
property to the Village of Mount Prospect, which property is located on
Map 37-S of the Zoning Ordinance of the Village of Mount Prospect; and
WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect
believe that such agreement is for and in the best interests of the Village
of Mount Prospect;
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 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 annexa-
tion agreement made a part hereof and attached hereto as Exhibit "b.",
which annexation agreement, subject to the provisions of Article 7 of the
Illinois Municipal Code of 1961, shall regulate the annexation of the fol-
lowing described property:
Lots 45, 46, 47, 48 and 49 and all t:,at pari:: of Briarwood
Drive West lying Easterly of a straight line drawn from the
North West corner of Lot 49 to the SOuth West corner or Lot
42 and lying Westerly of a straight line drawn from the North
East corner of Lot 45 to the South E~st corner of Lot 44 all
in Lake Briarwood Unit No.2, a subdivision of part of the
West 1/2 of tte East 1/2 of Section 22, Lownship 41 North,
Range II, East of the Third Principal Meridian, also the
Southerly 90,0 feet, as measured at ri~ht angles to the South
line thereof, of Lot 9. the Southerly 90,0 feet. as measured
at right angles to the South line thereof. of Lot 10. all of
Lots 11, 12, 17, 18, the Southerly 70,0 feet, as measured at
right angles to the South line thereof, of Lo~ 19, and the
Southerly 70.0 feet as measured at right angles to the South
line thereof, of Lot 20 and all that pa~t of Lynn Court lying
Southerly of the Hesterly extensior. or. L:e Nor::h line of the
South 70,0 feet, as measured at rigtt a~L~es to the SOli~h line
thereof, of Lot 19, all in Lake Bria~W00G, a Subdivision ot
part of the West 1/2 of the East 1/2 of Section 22, Township
41 North~ Range 11, East of the Third Principal Meridian, all
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 Prospect9 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 provided by law.
AYES:
NAYS:
PASSED
5
o
and APPROVED this
1 7
day of
Octob?r
, 1972.
ATTE?T:
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Mayor
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Pre-Annexation Agreement
WHEREAS, the National Bank of Austin as Trustee under Trust
and not personally
No. 3493 / is the owner of the following parcels of real estate:
Lots 11, 12, 17, and 18 in Lake Briarwood, a subdivision
of part of the West Half of the East Half of Section 22,
Township 41 North, Range 11, East of the Third Principal
Meridian; and
The Southeasterly 90! of Lots 9 and 10 as measured at
right angles to the Southeasterly line of said Lots 9
and 10; and the Southeasterly 70' of Lots 19 and 20 as
measured at right angles tti the Southeasterly line of
said lots 19 and 20 (except any part thereof falling in
the Northeasterly 68' of said Lot 20), all in Lake Briar-
wood, a subdivision of part of the West Half of the East
Half of Section 22, Township 41 North, Range 11, East of
the Third Principal Meridian; and
Lots 45 through 47, inclusive, in Lake Briarwood Unit #2,
a subdivision of part of the West Half of the East Half
of Section 22, Township 41 North, Range 11, East of the
Third Principal Meridian, in Elk Grove Township, Cook
County, Illinois;
and
WHEREAS, the Michigan Avenue National Bank as Trustee under
Trust No. 1588 is the owner of the following additional real estate:
Lots 48 and 49 in Lake Briarwood Unit No.2, a subdivision
of part of the West half of the East half of Section 22,
Township 41 North, Range 11, East of the Third Principal
Meridian, in Elk Grove Township, 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 "Village", has the power under state law to enter into an
annexation agreement such as s.t forth herein; and
WHEREAS, the owners have heretofore filed a petition to annex
to the Village parcels of land of which they are the owners, hereinafter
referred to as the "subject property", contingent upon the provisions of
this agreement; and
WHEREAS, all parties believe it to be in the best interests of
the Village and the Owners that the subject property be annexed to the
Village of Mount Prospect; and
WHEREAS, the Owners have plans for the use of the subject
property upon its annexation to the Village of Mount Prospect; and
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WHEREAS, it is beneficial to both the Village and the Owners
that the subject property be annexed and developed as planned;
NOW, THEREFORE, it is agreed by and between the Village and
Owners as follows:
1. That the Village will annex, and that the Owners herein-
above 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 R-l, Single Family Residence District,
under the zoning ordinances of the Village of Mount Prospect.
3. That within the terms of this Agreement, the Owners shall
construct or shall cause to be constructed upon each of the lots com-
prising the subject property a single family residence.
A. The subject property shall be resubdivided in accord
with the Plat of Subdivision attached hereto and made a part hereof as
Exhibit I.
i. In accordance with Village ordinances, the Owners
'shall post subdivision bonds guaranteeing the installation of public lm-
provements as shown upon the Utility Plan attached hereto and made a
part hereof as Exhibit II.
ii. It is understood, however, that the Owners will
not install public sidewalks in the public right-of-way adjacent to and
along the frontage of each subdivided lot -- since the remaining lots in
the original subdivision known as Lake Briarwood and Lake Briarwood Unit
#2 have been developed without public walks so as to create a rural atmos-
phere.
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B. 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 regulations that are in
conflict herewith as they may apply to the subject property. However,
where this Agreement is silent, the Village ordinances shall apply and
control.
4. That this Agreement shall be effective for a term of
- 3 .-
tlve (5) years from the date hereof.
A. It shall bind the heirs, successors, and assigns of
the Owners; the Village; its corporate officials; 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.
j. 1hat, in the event any provisions of this Agreement o~
part thereof shall be deemed invalid, such invalidity of said provision
or part thereof shall not affect the validity of any other provision
her eo f"
IN WITNESS WHEREOF,
and seals this /7tl day of
parties hereto have entered their hands
ILEj;~.l::. , 19'72, the same being
done pursuant to public hearing, notice, resolution~ and other statutory
requirements having been fulfilled"
VILLAGE OF MOUNT PROSPECT
By: ~:<</\\~~;;>:i/:i. :?~:/;'
AC-Z/;;(-'7..-:._../~..."- .L~,- ._/<:~ .... /
, Village President
ATTEST:
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Village Clerk
OWNERS:
NATIONAL BANK OF AUSTIN, as Trustee
under Trust No. 3493
Po
By:
MICHIGAN AVENUE NATIONAL BANK, as
Trustee under Trust No. 1588
By:_