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Home My WebLink AboutRes 01-70 01/20/1970 201':\ $_ ,,~~~\jD Sl:lC!'-l, 't.~~:-le \1CYLInt, TIlE .;:J~j\JD BCtJ\R.D t")? ITIE, ::~f tHE: (jf' 1~?j~2:icrl 1.8 ~'li2:S ,20t}j; ()? (fJ ';' > ANNEXATION AGREEMENT WHEREAS, Northern Illinois Gas Company, an Illinois corporation (hereinafter referred to as the "Owner"), is the Owner of certain property hereafter described; and the Village of Mount Prospects a Municipal Corporation (hereinafter referred to as the "Village")J has its present boundaries contiguous to the said property; and WHEREASs the Village filed proceedings (hereinafter re- ferred to as "Proceedings ") in the Circuit Court of Cook County; Illinois; under Case No. 68 CO 3l2s requesting the annexation to the Village of certain unincorporated property lying generally west of North Wolf Road; north of East Central Road and south of East Euclid Roads and WHEREASs the property which was the subject of the said Proceedings is comprised of three basic parcelss one of which is the Owner's Parcel A). which lies between and separates th.e other two parcels; and 1IJHEREAS, the Owner filed objections to the Proceedings ob- jecting to the right of the Village to annex Owner's Parcel A; and WHEREAS; the Owner withdrew its objections to the Proceedings and permitted the annexation of the Owner's Parcel A upon: (i) Agreement by the Village to annex the Owner's Parcel A as an I-I zoned parcel (as said term is defined in Zoning Ordinance of Mount Prospect; as now in force) and (ii) Agreement by certain Village officials to assist the Owner in obtaining an Annexation Agreement \-vi th the Village s providing for the annexation of certain additional property of the Owner as I-I zoned property at such time or times as the Owner may elect to have all or any part of said additional property. , . - 2 - annexed (which additional property lies west of and is con- tiguous to ~~nerls Parcel A; is legally described in Schedule B hereto, and is hereinafter called "Owner's Parcel BiI); and VlliEREAS; Owner and the Village now desire to enter into a binding agreement with respect to the future annexation at the election of Owner of all or any part of Owner's Parcel B, all pursuant to the provisions of Division 15.1 of Article 11 of Chapter 24 of the Illinois Revised Statutes (Ill. Rev. Stats. 1967, ch. 24; Sec. 11-15.1-1). NOW; THEREFORE; in consideration of the foregoing and of the mutual covenants 1 agreements and conditions herein COll- taineds the Village and Owner hereby agree as follows: 1. All public hearings required by law having been held, the Village agrees thats should Owner petition to have Owner's Parcel B~ legally described as follows: PARCEL UBI! The North half of Section 35; Township 42 Norths Range lIs East of the Third Principal Meridian in Cook County~ Illinois~ EXCEPTING THEREFROM: (a) the West 659 feet thereof; (b) the South 820 feet of the East 480 feet thereof; and (c) the West 180 feet of the East 230 feet; or any part thereof annexed to the Village, it will annex said Parcel B or part thereof and will simultaneously amend the Zoning Ordinance of the Village of Mount Prospect, as presently in force (which Zoning Ordinance as presently in force is hereinafter called the "Village Zoning Ordinancell) to classify Owner's Parcel B~ or any part thereof, as an I-I Light Industrial District as said District is now established under Section 22 of the Village Zoning Ordinance. A copy of said Section 22 is attached hereto and made a part hereof as Exhibit A. - 3 - 2. Any changes which may be enacted in the provisions of the text of the Village Zoning Ordinance will not be applicable to Owner's Parcel B, or any part thereof, sho~ld Owner petition to have it annexed~ for a period of five (5) years following the date of execution of this Agreementj without the consent of Owner or its successor or successors in title, and Owner and its successor or successors in title may rely on the continued applicability of the pro- visions of the Village Zoning Ordinance during the next five (5) years. 3. The Village agrees that during the five {5) years next following the e~ecution of this Agreement, unless the consent of Owner or its successor or successors in title is obtained~ no ordinance applicable to ~fnerls Parcel B or any part thereof, should Owner petition to have it annexed~ shall be adopted relating to subdivision controls ~ zoning (other than the zoning matters 'provided for in this Agreement) j official plans, building codes and fees. occupancy permit provisions and fees, utility rates, and related restrictions, which are more restrictive or impose greater obligations than the ordinances of the Village which are in effect on the date of execution of this Agreement. 4. The Village agrees to enact such ordinances and resolutions as are necessary to effectuate the terms of this Agreement and upon annexation of Owner's Parcel B, or any part thereof; to waive all annexation fees which may be required by the ordinances of the Village. - 4 - 5. This Agreement shall inure to the benefit of and be binding upon the Owner and its successors in title to Parcel B and upon the Village and any successor corpor- ate authorities of the Village for a period of five (S) years from the date of execution hereof. This Agreement may be amended from time to time with the consent of the parties, pursuant to the statutes in such cases made and provided. 6. Owner shall have the right at its sole election at any time and from time to time during the term of this Agreement to petition the Village for annexation to the Village of all or any part of Owner's Parcel B. Upon the filing of such petition, the Village shall at its expense promptly take such action as may be necessary or appropriate (such as filing of any appropriate legal proceedings) to cause that portion of Owner1s Parcel B which is covered by such petition to be annexed to the Village as I-I Light Industrial District as now established under Section 22 of the Village Zoning Ordinance. Nothing herein shall: (i) Evidence a present election or consent by Owner to the annexation of any part of Owneris Parcel B to the Village, or (ii) Indicate any acknowledgement by Owner of any right or authority of the Village to annex Parcel B or any part thereof without Owner's consent. - 5 - 7. The Village agrees that during the term of this Agreement; it will not initiate any proceedings to require annexation of Parcel B or any part thereof without Owner1s prior consent. 8. Upon annexation of Owner's Parcel B or any part thereof~ or at any time or from time to time after annexa- tion); Owner shall have the right, upon the payment of the usual and proper fees provided by ordinance; to connect Owner's Parcel BJ or such part or parts thereof so annexed, to the Villageis water, storm sewer and sanitary sewer sys terns (which sys tems are hereinafter called the I'Vi llage Utilitiesll). The Village represents that the Village Utilities are accessible to Owner1s Parcel B. 9. It is mutually understood and agreed that the undertakings and covenants herein contained to be per- formed on the part of the Village constituted a material inducement to Owner to withdraw its objections to the Proceedings and to agree to permit annexation of Owner's Parcel A to the Village. 10. Any party to this Agreement) or its successor or successors, may either in law or in equity, by suitJ action mandamus, injunction~ or other proceedings~ enforce or compel performance of this Agreement. IN WITNESS WHEREOF; the parties hereto have caused this Agreement to be executed the day of JanuarY9 1970. VILLAGE OF MOUNT PROSPECT By ATTEST; NORTHERN ILLINOIS GAS COMPANY By ATTEST: