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HomeMy WebLinkAboutRes 18-70 09/08/1970 RESOLUTION NO. 18-70 A RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREElVIENT REGULATING THE ANNEXATION OF PROPERrY LOCATED ON MAP 42-S OF THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Corporate Authorities on September 8" 197011 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 property to the Vil- lage of Mount Prospect located on Map 42'-S of the Zoning Ordinance of the Village of ~110unt Prospect, and \'JHEREAS, notice of the said public hearing was published in a news- paper of general circulation within the Village of fvIount Prospect in its August 11, 1970 edition; and 'iiHEREAS, the notice and hearing on the said annexation agreement have in all respects complied with the statute in such cases made and pro- vided,; and ~EEREAS a public hearing on the special use permits, land use varia- tions and other variations to be granted the developers of the sub- ject property was held before the Board of Appeals of the Village of Mount Prospect August 28, 1970, at 8:00 P.M. in the Village Hall; and \'JHEREAS, the said Board of Appeals have recommended to the President and Board of Trustees the granting of the said special use permits and the said variations upon annexation of the subj ect property; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect believe that such agreement is for the best interest of the Village of Mount Prospect. NOTV'!" THEREFORE, BE IT RESOL\7ED, BY THE PRESIDEN"r AND BOARD OF TRUSTEES OF THE \TILLAGE OF M01JNT PROSPECT: SECTION ONE: That the President of the Board of Trustees of the Village of Mount Prospect is hereby authorized to sign and the Vil- lage Clerk of the Village of Mount Prospect is hereby authorized to attest the agreement made a part hereof and attached hereto as Ex- hibit "I", which annexation agreement subject to the provisions of Division 15.1 of Article XI, of Chapter 21.! of the Illinois Revised Statutes, shall regulate the annexation of the following described property: The East 138.80 feet of the West 338.80 feet of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 23, Township 41 North, Range 11 Jl East of the Third Principal Meridian Jl in Cook COQ~tYJl Illinois. SECTION TVJO: That the said annexation agreement shall be binding upon the successor OItmers 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. ANNEXATION AGREEMENT ;\JHER2AS, I-1ary Leitner~ and Vvalter H. Leitner and Jean G. Leitner, ., . . f !.115 T'Il -e, hereinafter referred to as i10wnerslo, are owners of Parcels A and B respectively, which parcels are legally described as :::ollows: Parcel A That part of the East 133.80 feet of the West 338.80 feet of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 lying North of the South 412 feet and East of the West 72.0 feet of the said East 138.80 feet of the West 338.80 feet of the North 1/2 of the Northeast 1/4 of of the Northeast 1/4 of Section 23, Township 41 North~ Range 11 East of the Third Principal Meridian in Cook County; Illinois. Parcel B The East 138.80 feet of the West 338.80 feet of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 (except that part lying North of the So~~h 412 ~eet and East of the West 72.0 feet thereof) of Section 23; Township ~1 North~ Range 11 East of the Third Principal Meridian, in Cook County, Illinois; i.-.nc WHEREAS, the Village of Mount Prospect) a municipal corporation~ organized under the laws of the State of Illinois, hereinafter 1'e- ferred to as the "Village1;, has the power under state law to enter ill'to an annexation agreement such as set forth heroin; and J.'?.BAS? the owners have heretoIcre filed a peti tieD to annex to the Village a parcel of land of which they are the owners, contingcn~ uron the provisions of this agreement, which parcel is hereinafter I'GfeTred to as the ilsubj ect property~1 and legally described as F'ol-0VJs: The East 138.80 feet of the West 338.80 feet of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 23, Township 41 North~ Range II, East of the Third Principal Meridian, in Cook County, Illinois, cdlC - 2 - RBAS, all parties believe it to be in the best interests of the Village and the Owners that the subject property be annexed to ....-1, n L......c Village of Mount Prospect; and WHEREAS, the Owners have plans for the use of the sub j ect property l1.pon its annexation to the Village of tJlount Prospect; and WHEREAS, the Board of Appeals of the Village of Mount Prospect did hold a public hearing August 27, 1970, regarding these plans and has recommended that the variations and special use requested be granted; DT}d 1:Jf-IEREAS, it is beneficial to both the Village and tIle O~'T3.1erS t118. t .~.:11c subject property be annexed and developed as planned; .7(-, '7-_7 . i,.;.'" THE RB FORE > it is agreed by and between the Village and OW:L.i.or:c' ,.~,~ fo llows : 1. That the Village will annex the subject property. 2. That the Village shall pass such ordinances as will c,. hIe the northerly 2056.10 feet. more or less, of the subject property ~c be developed for single-family residences with the remainder of the nroperty to be developed under land use variations as if it were zoned R-4 under the zoning ordinances of the Village of Mount Prospec~. 3. That the Owners agree to execute and the Village agrees ~o aD:Jrove a plat of subdivision~ drawn at Village expense ~ shov,'ing a dedication of the southernmost thirty-three (33) feet of the sub- joet property for public right-of-way and street, and resubdividing the s~bject property into three (3) lots as follows: (a) Lot 1: That part of the subject property owned by Mary Leitner and legally described as Parcel A above. (b) Lot 2: That portion of the subject property lying 'VoJest :yf. '~liQ proposed emu afor'3mcntio:aed Lo\.: 1 and north of the - 3 - scutherly line of the said Lot 1, if such line were to be extended to the westerly limits of the subject property. (c) Lot 3; That remaining portion of the subject property ~ot included in the proposed Lots 1 and 2 referred to hereinabove. 4. That the Village shall aid in the acquisition of a thirty- three (33) foot wide right-of-way easement south of the subject property, which easement shall extend eastward to Illinois Route 83 (Elmhurst Road) to provide access to the subject property from Elmhurst Road. (a) The Village agr-:;es that it shall not assess or specl;__~'_~, t[~.: the Owners for any street improvement which may be placed lX)Cn. either the said easement or the dedicated right-of-way referred to --- paragraph 3 above should a road1-'lay improvement be made on eit~hC<:t. 0~ both the said easement or dedicated right-of-way in the ~utu~s. (b) It is understood between the parties hereto that the Village does not agree to install any roadway improvement upon either the said easement or dedicated right-of-way referred to here 5. That the Village will grant a special use permit for the construction and operation of a swimming pool in conjunction wi~h the residential development proposed for the subject property, should the Owners of the proposed Lot 3 desire such a permit. 6. That the Owners of the proposed Lot 3 will devc:op or cause to be developed thereon a residential development pursuant to the terms of the variations requested, which meet the approval of the President and Board of Trustees of the Village; and further that O,:mers will ~a::ntain thereon any open space as open space. !. That only laws in effect at the date hereto shall apply 1;0 -::he sl.:bject property and any amendments or changes tG buildin[; hO\.\.Sj,.'JfL subdivision? zoning or any other applicable ordinances dl.I:::<,::'.. t~~ term of this agreement shall not apply to the subject property - 4 - '''ii thout the Owners' consent; however ~ if there are any changes of :'::'3';~;h lLHs c,~,~_d the sa2ue are less restrictive in their application -:.' ,:; subject property, then the Owners shall be entit18d to the ~~~cf~t of the change if they elect. ') '..J . r;---'~ ~+ .:.. .~.:a. c... ,-" :; in order to safeguard the residents of mu} ti -falT:':..1.;' " :::U i ngs, the Own:::rs agree that they will ins tall doub Ie or __dm/-proofl1 locks on all apartment uni t entrance doors for prc- ,:.,'::',i,O::> aga:i..ns t burglary. Jo Tl1at all p!.ovisions~ conditions, and regulatj.ons SGt :tCI'~t~:): ti~i.s agrGen1ent aD.d the doclfinents or plans to l'JhicJ1 it Yefel~S <-,dol :::ll')ersede all Village ordinances ~ codes, and regulations '01 '.:',: ,LE conflict ther:::nJ:. ::1 as they may apply to the sub j Get proper~y_ :70'lle1' s 7;.Jhel'e this agreemen.t is silent ~ the Village ordinances ~ha=~. ply' and contro 10 100 That this agreement shall be effective for a term of -" , - ) ....., .....,. ~- f.... , , ',' .....l . ....-....... \....; \..... years from the date hereof. (a) HO'wever, construction under any building permit iSSLV;(' '~suan~ to the terms of this agreement need not be completeds 22( any such permit shall remain in full force and effcct9 for a per~oj ,)~= I:lV~; (5) years from the date of the issuance of the said pc:r:Z;1.it. (b) It shall bind the heirs9 succes~orss and &ss~gn~ ot ('.;;nlcrs ~ the Village; its corporate officials; and tll':;ir SVCCi";;SCiT:c:' ~,.. . '~T. o~_~~=:~~ce. ec) Nothing herein shall in any way prevent the alienation ~'-,t ~ s ~l,)_e of the sub j ect property or portion thereof and the new D1AiTI21' O\'Irlcrs siwll be both benefi tea and bound by the conditio:i1S c~nd r~strictions herein expressed. 11. 'I.hat? irl tI1e event any provisions of this agreeJrrGn.t s,na..l_." 0e deemed invalids such invalidity of said provision shall not ~ffdC~ validity of any other provision hereof. - 5 - IN WITNESS WHEREOF, the parties hereto have entered their hands and seals this day of , 1970, the same being done pursuant to public hearing, notice~ resolution, and other statutory requirements having been fulfilled. VILLAGE OF MOUNT PROSPECT By: ATTEST: Village Presidc~t Village Clerk Owners: Mary Leitner Walter M. Leitner Jean G. Leitner SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the rnanner provided by alw. AYES: 5 NAYS: 1 PASSED AND APPROVED THIS 8th DAY OF SEP'I'E.1vIBER , 1970. /,.P''''' ,,c,"""'- ,/ ~..: ,...""../" v:i1Iage Preside;t '- ATI'EST: I /li/ /j, ,', ", II /,./ :. '--i ~,,' -'c' L '-',,' ( ,,/ Village Clerk ;: 'l ' ..- ~ ~, .' / t " l, _:. ~.;.