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HomeMy WebLinkAbout2474_001;0;0 NPAVOW, 0, sUIL01MG DEPARTMENT p al I 07 NEXT ORDINANCE NO. 2457 NEXT RESOLUTION NO. 28-73 1 0 it, 111 I 0 R D E R F1 B U S I N E S S Village Board 'A.,,(Al'�'Tuesday, 8:00 P. M. Village of Mount Prospect October 16, 1973 1. Call to order 2. Invocation - Trustee Link - Presentation of Colors - 4-H Club of Mount Prospect 3. Roll call Mayor Robert D. Tei chert Trustee Anderson Trustee Link Trustee Furst Trustee R1111."', Trustee Hendricks Trustee 4. Approval of minutes of regular meeting Oct. 2, 1973 Approval of minutes of emergency meeting Oct. 10, 1973 Ratification of action taken Oct. 10, 1973 5. Approval of bills Financial statement for September, 1973 ji 6. Communications andpetitions Mrs. LeRoy Sample Arlington Heights Jr. Womens Club,"". . . ..... . - request for waiver of fees - Mr. Ned's Circus Show Roy Heyen re 4-H Club activities 7 . ......... . ....... 7. Manager's Report 1. Status report various projects 8. Mayor's Report 1. Presentation of Certificates of Merit: George T. March - former Chairman of Drainage & Clean Streams Commission Gilbert Busse - volunteer fire fighter 1942 - 1973 2. Proclamation - Halloween - Chi ldrens' safety 3. Proclamation - Chicago Nordics Hockey Team 410 Proclamation - American Education Week Oct. 21 to 27 9. Committee Ch}airmen Reports A. Building Committee 1. ZBA-8-Z-73 Huntzicker - SW corner N. Wille and W. Kensington a) Second reading ordinance granting B-3 zoning (SEE EXHIBIT "'All) b) Second reading ordinance granting variation (SEE EXHIBIT 2. ZBA-6-SU-73 La Salle National Bank, Trustee West side of Busse Rd. south of Higgins Creek Second reading of planned unit development 11C11) ordinance - Busse Rd. Apts. (SEE EXHIBIT 3. PBA plat of subdivision 4. ZBA-30-Z-73 Preuter - SW corner of Rtes. 83 & 62 Ordinance rezoning property (SEE EXHIBIT ZBA-31-SU-73 Ordinance granting special use of the a 1) o v e r) r o. P 1� r E E V t II T f-,,, � T F 13 B Finance Committee a) Second reading of an ordinance increasing the number of Class "A" liquor licenses (SEE EXHIBIT 'IF") C. Fire and Police Committee D. Judiciary Committee As submitted E 10 Public Health & Safety Committee F. Public Works Committee 10. Other Business 1. Plat of Subdivision - First Federal Savings & Loan Assoc. of Chicago's Sub. - Lot 1 between Main St. & Rand Rd. 2. Public hearing for 1725 E. Carboy Rd. (Wilkin Insulation) - re pre -annexation agreement (SEE EXHIBIT "G11) 3. Public hearing for property adjacent to a,nd, south, of Algonquin Rd. and adjacent to and, east of Bria'rwood Dr. - Geller - re pre -annexation agree- ment ( ' SEE EXHIBIT III H "' ) Ir 4. Public hearing for property at, 102,3/34/36 & 38 E. Algonquin Rd. - Amos - San Souci - a) Ordinance annexing above property (SEE EXHIBIT b) Ordinance rezoning above property (Case 29-Z-73) (SEE EXHIBIT 11J ww 5. Public hearing for 1031 E. Algonquin - Semrow re pre -annexation agreement a)' Ordinance annexing above property (SEE EXHIBIT 11V) b) Ordinance rezoning.above property (Case 32-Z-73) (SEE EXHIBIT c) Ordinance granting special uses for the above property (Case 38 -SU -73) t1I ) (SEE EXHIBIT "M 6. An ordinance vacating Davidson Ave,nue and con- tiguous alley (SEE EXHIBIT "N" 7. ZBA-14-Z-15SU & 16-V-73 - Fanslow - 524 E. Algonquin - PUD, Variations, RX to R-4 (To be continued) 11. Items to be referred ZBA-34-Z & 35-V-73 - Wilkin Insulation - 1725 E. Carboy - Rezone RX to 1-1 (Refer to the Building Committee) ZBA-33-Z-73 - Amend Map 38-5 to reflect R-4 (Refer to the Building Committee) ZBA-36-Z5 37-V9 41 -SU -73 - Algonquin Rd. & Briarwood RX to B-1 ZBA-21-V-73 - 1219 Green Acres - antenna to 60 ft. ZBA-22-V-73 - Variation to repeal Sec. 14.2001-F of Art. XX - B-3 District 12. Committee announcements 13. For information only 14. Adjournment Sergeant -at -arms: Sgt. Gerald Glascock RESOLUTION NO. A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION AGREEMENT REGULATING THE ANNEXATION OF PROPERTY LOCATED ON MAP 39-S IN THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Corporate Authorities of the Village of Mount Prospect on October 16, 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 on Map 39-5 in the Zoning Ordinance of the Village of Mount Prospect; and WHEREAS, a notice of said public hearing was published in a newspaper of general circulation within the Villaof Mount Prospect; a gend WHEREAS, notice has been given and a public hearing was held on October 4, 1973, at 8:00 p.m., before the Zoning Board of Appeals of the Village of Mount Prospect with respect to the aforementioned Annexation Agreement and certain rezoning to be agreed upon therein; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect believe that such Annexation Agreement is in the best interests of the Village of Mount Prospect; NOWt THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEEL* *F THE VILLAGE OF MOUNT PROOK 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 Annexation Agreement made a part hereof and attached hereto as Exhibit 1, which Annexation Agreement, pursuant to the pro- visions of Division 15.1 of Article II of Chapter 24 of the Illinois Revised Statutes, shall regulate the annexation of the following described property: Lot 1 in Algonquin -Busse Industrial Park; being a subdivision of part of the West I of the Northwest I of Section 23, Town- ship 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois. r* 101 That part of vacated Imperial Court extending into Lot 1 of Algonquin -Busse Industrial Park aforesaid. That part of the West I of the Northwest I of Section 23, Town- ship 41 North, Range 11 East of the Third Principal Meridian,, bounded by a line described as follows: Commencing at the intersection of the West line of the East 473.11 feet of the West of the Northwest I of said Section 23, with the Southerly line of Algonquin Road; thence North 62 degrees, 43 minutes, 45 seconds West along the Southerly line of said Road 200.0 feet; thence South 27 degrees, 16 minutes, 15 seconds West 165.16 feet to a point on the North line of the South 1565.39 feet of the West J of the Northwest 4 ' of said Section 23; thence North 89 degrees, 6 minutes, 55 seconds East along North line 253.47 feet to a point on the West line of the East 473.11 feet of the West I of the North- west I of Section 23 aforesaid; thence North 0 degrees, 0 minutes, 30 seconds East along said West line 51.25 feet to the point of be- ginning in Cook County, Illinois SECTION TWO That the said Annexation Agreement shall be binding upon the suc- cessor owners of record of the above described land which is the subject of the sail -L 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 and after its passage and approval in the manner provided by law. F.'VV#*_F NAYS: PASSED and APPROVED this day of 1973. Mayor Village Clerk A. 41"j. IIJO�T PRF-AN4NE'Xl� AGREEMENT Trust No. 998, dated January 8, 1971, hereinafte-I.- referred to as the Ownerrt is the owner of certain real estate hereinafter referred to as the "'Subject Property", which is legally described a;s follows. - MR Lot I in Al gonquin- Busse Industrial Pcarlk; being a subdivision of part of the WestI- of the Northwest 1 of Section 23, Town - 2 4 ship 41 North, Range 11 East of the T11ird Principal Meridian, in Cook County, Illinoizs. That part of v,9cated Imperial Court ext -ending into Lot I of -foresaid. Algonquin-BussIre ndustriql Par], a That part of the West -21 of the Northwest -41 of -_',eti 23, Towr,,- ship 41 North, Range 11. EacA of the 17hird Principal Meridian, bounded by a line describod. as follows: Commencing at the intersection of the West line of the East 473. 11 feet of the West of the Nort l-, -west -1 of said Section 23, with the Southerly line of 4 Algonquin Road; thence North 62 degreeg, 43 minutes, 45 seconds West along the Southerly Ji.-ne of said Road 200.0 feet; thence South 27 degreps, 16 minutes, 15 seconds West 165. 16 feet to a point on the North line of the Sou_.th 1565.39 feet of the 'West -1 of 2 the Northwest -1 of said SectiL on 2 h 3; thence Nort89 degrees, 4 1 6 m , 55 Ar ds East along North. line 253.47 feet to a point on the West line of the EpSt 473. 11 feet of the 0-a'est -.1 o(� the sorth- 2 west of Section 23 aforesaid; th,;nce North 0 degrees, 0 minutes, 30 seconds East along xs.aid West Hne 1.2 feet to the point of be- ginning in Cook, County , Illillois WHEREAS, the VILLAGE OF MIOU�NIT PROSPECI', a municipal corporation organized -ander the laws of the S[at e of Illinois, hereinafter referred to as the "Village", 1has the power unde,", state la -w to enter irto an annexation agreement such as set forth herein; and I 'WHEREAS, the Owner has heretofore filed a petition to annex to the Village thie said parcel of lupon i and of whic).-I it is the owner, contingent the provsons of this agTeement; and WHEREAS, all parties believe it to be in the best interests of the Village and the Owner that the Subject Property be annexed to the Village of 1ount Prospect; and WHEREAS. it is beneficial to both the Village and the Owner that the Sub.- ject Property be annexed and developed as planned, NOW, THE REFORE9 it is agreed by and between the Village and the Owner 1. That, within the term of this agreement, the Village will annex, and the Owner will by voluntary petition join the Village in the annexation of, the Sub - 2. That the Village shall pass such ordinances as will enable the Sub - i ect Property to be zoned 1-1 (Light Industrial District) , under the zoning ordinances of the Village of Mount Prospect. Further, the Village will pass such additional ordinances that will grant the Owner special use permits sufficient to allow the �ubject Property to be used for retail sales and services of every kind, agricultural buildings and structures, cartage and express facilities, and greenhouses. 3. That upon payment by the Owner of the Usual and normal tap -on fees as prescribed in the Mount Prospect Municipal Code of 1957, as amended, under Section 23.185 for the sewer tap -on charge and under Section 21.1403 for the water main tap -on charge, the Owner shall have the right to run additional I c P service taps from the Subject Property into water and sewer mains whi h the Village of Mount Prospect may extend within easements upon the Subject -Property, as shown upon the proposed Plat of Subdivision for the Subject PrQperty, which Plat as attached hereto and hereby made a part hereof as Exhibit A. It is fur- ther understood that no other charges for the installation of these mains or tapping into them shall be made by the Village and that such tap -on by the Owner shall 4. That following the- recording of the aforesaid Exhibit A hereto with the Cook County Recorder of Deeds, the Owner will convey and donate Lot Two (2) as shown and displayed thereon to the Village of Mount Prospect -in fee simple. 5. That all provisions, conditions, and regulations set forth in this I agreement and the documents or plans to which it refers shall supercede 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, 4. 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 Owner, the Village; its corporate officials-, and their successors in office. (b) Nothing 'herein shall in array 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 provisions 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 day of , 1973, the same being done pursuant to public hearing, notice, resolution, and other statutory require- ments having been fulfilled, VILLAGE OF MOUNT PROSPECT, a municipal corporation of the County of Cook and State of Illinois ATTEST: By: Village President . .. ........... . Village Clerk NORTHWEST NATIONAL BANK OF CHICAGO, as Trustee under Trust No. 998, dated January 8, 1971 ATTEST: By: *RDINANCE NO. AN ORDINANCE ANNEXING PROPERTY COMMONLY KNOWN AS 1032v 349 36 and 38 EAST ALGONQUIN ROAD WHEREAS, a written petition under oath signed by the owners of record of land hereinafter described has been filed with the Village ♦Clerk of •the •Village of Mount Prospect requesting that said land be annexed to the Village of Mount Prospect; and WHEREAS, all electors residing within the said property to be annexed have affixed their signatures indicating their consent; and WHEREAS, the said land is not within the corporate limits of any municipality, but is contiguous to the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Pro S'pebt find and believe it to be in the best interests of the said Village that said land and territory be annxed thereto; NOW t THEREFORE , BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT , COOK COUNTY, ILLINOIS: S,ECTIOlN ON'E: That all land and territory legally described as follows-, That part of Lot 1 of Friedrich Busse, Jr. , Division of Land iin Section 23, Township 41 North, Range 11 East of the Third Princi- pal Meridian, as per plat recorded on February 20, 1911, as Docu- ment No. 4709799 described by, Commencing at a point in the South line of the North 448.65 feet of said Lot 1, 200.0 feet East of the West line thereof; thence South on a line parallel with the West line of said Lot 1, 426.34 feet to the center line of Algonquin Road being the Southerly line of said Lot 1; thence Southeasterly along said cen- ter line of Algonquin Road, 320.75 feet to a point which is 545.45 feet Southeasterly of the Southwest corner of said Lot 1, as measured along said center line* running thence North parallel to the West 1*' ine of said Lot 1, 576.35 feet to the South line of the North 448.65 feet of Lot 1; thence West on said South line, 285.46 feet, more or less, to the place of beginning, in Cook County, Illinois, All that part of Algonquin Road which lies Southerly of the Southerly line of the aforesaid tract and which lies Northerly of the Southerly line of Algonquin Road aforesaid; an accurate map of which territory is attached hereto and hereby made a part hereof by this reference be and the same is hereby annexed to the Village of Mount Prospect, Cook County, Illinois. SECTION TW0: That Map 39-S contained in SECTION ONE of Ordinance No. 24100 passed and approved March 20, 1973, be amende ' d to reflect the extention of the' corporate limits of the Village of Mount Prospect to include the property herein- above described and hereby annexed. vw� 111VAM-L ImP SECTION THREE: That the Village Clerk of the Village of Mount Prospect is hereby directed to file in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this Ordinance, together with an accurate map of the territory annexed., SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. AYES: NAYS: PASSED and APPROVED this day of 1973. Village Clerk I INN I LVA 0 13 [3M io AM3, to to -0 1 Im RESOLUTION NO. A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATIOI�— AGREEMENT REGULATING THE ANNEXATION OF PROPERTY LOCATED ON MAP 39-S IN THE ZONING ORDINANCE OF THE VILLAGE OF OF MOUNT PROSPECT WHEREAS, the Corporate Authorities of the Village of Mount Prospect on October 16, 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 on Map 39-S in the Zoning Ordinance of the Village of Mount Prospect; and WHEREAS , a notice of said public hearing was published in a newspaper of- general circulation within the Village of Mount Prospect; and WHEREAS, notice has been given and a public hearing was held on October 4, 1973, at 8: 00 p.m. , before the Zoning Board of Appeals of the Village of Mount Prospect with respect to the aforementioned Annexation Agreement and certain rezoning to be agreed upon therein;and WHEREAS, the Corporate Authorities of the Village of Mount Prospect believe that such Annexation Agreement is 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 Annexation Agreement made a part hereof and attached hereto as Exhibit 1, which Annexation Agreement, pursuant to the pro- visions of Division 15.1 of Article II of Chapter 24 of the Illinois Revised Statutes, shall regulate the annexation of the following described property: That part of Lot One (1) in Friedrich Busse, Jr., Division of Land in Section 23, Township 41 North, Range 11, East of the Third Princi- pal Meridian, as per plat recorded February 20, 1911, as Document Number 4709799 described as follows: Commencing at a point in the South line of the North 448.65 feet of said Lot 1, 200 feet East of the West line thereof; thence South on a line parallel with the West line of said Lot 1, 426.34 feet to the center line of Algonquin Road, being the Southerly line of said Lot 1; thence Southeasterly along said cen- ter line of Algonquin Road, 320.75 feet, to a point which is 545.45 feet Southeasterly of the Southwest corner of said Lot 1, as measured along said center line; running thence North parallel to the West line of said Lot 1. 576.35 feet to the South line of the North 448.65 feet of Lot 1; thence West on said South line 285.46 feet, more or less to the place of beginning, in Cook County,, Illinois. PARCEL NO. 1: That part of Lot One (1) in Friedrich Busse, Jr., Division of Land in Section 23, Township 41 North, Range 11 East of the Third Principal Meridian, as per plat recorded February 20, 19113 as Document No. 4709799, described as follows: Commencing at a point in the West line of said Lot 1, 448.65 feet South of the Northwest corner thereof; thence East on the South line of the North 448.65 feet of Lot One (1), 100 feet; thence South parallel to the West line of Lot One (1), 373.79 feet to the Southerly line of Lot One (1), being the center line of Algonquin Road, as laid out in Friedrich Busse, Jr., Division of Land; thence Northwesterly along the Southerly line of Lot One (1), 112.35 feet to the Southwest corner of said Lot One (1); thence North on the West line of Lot One (1) 9 321.24 feet to the place of beginning. PARCEL NO. 2: That part of Lot One (1), described as follows: Com- mencing at a point in the South line of the North 448.65 feet of said Lot One (1), 100 feet East of the West line thereof; running thence East along the South line of the North 448.65 feet of Lot One (1) 9 100 feet; thence South on a line parallel with the West line of Lot One (1) , 426.34 feet to the Southerly line of Lot One (1), being the center line of Algonquin Road; thence Northwesterly along the Southerly line of Lot One (1), 112.35 feet to an intersection with a line 100 feet East of and parallel with the West line of said Lot One (1); thence North along said parallel line 373.79 feet to the point of beginning. In Friedrich Busse Jr., Division of Land in Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, as per plat recorded on February 20, 1911, as Document No. 4709799. SECTION TWO: That the said Annexation Agreement shall be binding upon the suc- cessor 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 and after its passage and approval in the manner provided by law. AYES: NAYS: PASSED and APPROVED this day of t 1973. Village Clerk so ANNEXATION AGREEMENT WHEREAS 9 CITIZENS BANK AND TRUST COMPANY OF PARK RIDGE, not individually but as Trustee under Trust No. 413, dated October 29, 1962, hereinafter referred to as the "Owner", is the owner of the following legally 133 That part of Lot One (1) in Friedrich Busse, Jr., Division of Land in Section 23, Township 41 North, Range 11, East of the Third Princi- pal Meridian, as per plat recorded February 20, 1911, as Document Number 4709799 described as follows: Commencing at a point in the South line of the North 448.65 feet of said Lot 1, 200 feet East of the West line thereof-, thence South on a line parallel with the West line of said Lot 1, 426.34 feet to the center line of Algonquin Road, being the Southerly line of said Lot 1; thence Southeasterly along said cen- ter line of Algonquin Road, 320.75 feet, to a point which is 545.45 feet Southeasterly of the Southwest corner of said Lot 1, as measured along said center line; running thence North parallel to the West line of said Lot 1, 576.35 feet to the South line of the North 448.65 feet of Lot 1; thence West on said South line 285.46 feet, more or less to the place of beginning, in Cook County, Illinois. PARCEL NO. 1: That part of Lot One (1) in Friedrich Busse, Jr., Division of Land in Section 23, Township 41 North,, Range 11 East of the Third Principal Meridian, as per plat recorded February 20, 1911, as Document No. 4709799, described as follows: Commencing at a point in the West line of said Lot 1, 448.65 feet South of the Northwest corner thereof; thence East on the South line of the North 448.65 feet of Lot One (1), 100 feet; thence South parallel to the West line of Lot One (1), 373.79 feet to the Southerly line of Lot One (1)., being the center line of Algonquin Road, as laid out in Friedrich Busse, Jr., Division of Land; thence Northwesterly along the Southerly line of Lot One (1), 112.35 feet to the Southwest corner of said Lot One (1); thence North on the West line of Lot One (1). 321.24 feet to the place of beginning. PARCEL NO. 2: That part of Lot One (1), described as follows: Com- mencing at a point in the South line of the North 448.65 feet of said Lot One (1), 100 feet East of the West line thereof; running thence East along the South line of the North 448.65 feet of Lot One (1) , 100 feet; thence South on a line parallel with the West line of Lot One (1), 426.34 feet to the Southerly line of Lot One (1), being the center line of Algonquin Road; .ad; thence Northwesterly along the Southerly line of Lot One (1), 112.35 feet to an intersection with a line 100 feet East of and parallel with the West line of said Lot One (1); thence North along said parallel line 373.79 feet to the point of beginning. In Friedrich Busse Jr., Division of Land in Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, as per plat recorded on February 20, 1911, as Document No. 4709799. 9 hereinafter referred to as the "Subject Property"; and WHEREAS,, the VILLAGE OF MOUNT PROSPECT, a municipal corporation organized under the laws of the State of Illinois, hereinafter referred to as "Village" has the power to enter into an Annexation Agreement as set forth herein; and WHEREAS, the Owner has heretofore filed a petition to annex the Subject Property to the Village contingent on the provisions contained in this Agreement; and WHEREAS, both parties believe it to be in the best interests of both the Village and the Owner that the Subject Property be annexed; and WHEREAS, it is beneficial to both the Owner and the Village that the project be constructed in accord with the plan contained herein; NOW, THEREFORE, it is agreed by and between the Village and the Owner as follows: 1. That upon execution of this Agreement by all the parties thereto, the Owner will present a written petition for annexation in the form provided by law to the corporate authorities of the Village, and the Village will then annex the Subject Property. 2. That the Village shall pass such ordinances as will enable the Subject Property to be zoned R-4 (Residential Development District). 3. That the Owne--,- will execute a plat of casement for public utilities substantially in the form as shown on Exhibit I, attached hereto► and hereby made a part hereof, with the object and purpose that the said land so designated be utilized by the Village for the construction and installation there- in by the said Village of a trunk water main to serve properties lying north, of the Subject Property -- with the further understanding that the Owner may tap into said main at such time as it may desire following the completion thereof. IN 4. That the Village will not charge the Owner for tap-on fees into the aforesaid trunk water main in an amountgreater than fees Presently charged under existing ordinances on the date hereof. 5. That all provisionsp conditions and regulations set forth in this Agreement and the Exhibits to which it refers shall supersede all Village ordinances, codest and regulations that are in conflict therewith as they may apply to the Subject Property. 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 date hereof and that thereafter all properties in the Planned Unit Development shall become subject to Village ordinances. a. It shall bind heirs and successors and assigns, the Village, its corporate officials, successors in office, and be enforce- able by order of court pursuant to the provisions of the I statutes made and provided. b. Nothing herein shall in any way prevent alienation or sale of the Subject Property or portion thereof except that said sale shall be subject to the provisions hereof and of the Planned Unit Development ordinance of the Village of Mount Prospect and the new Owner shall be both benefited and bound by the conditions and restrictions herein and therein expressed. 7. That, in the event any provisions of this Agreement shall be deemed invalid, then the Invalidity of said provisions shall not affect the -3- validity of any other provision hereof , IN WITNESS WHEREOF, the parties hereto have entered their hand's and sealsit thisIZZ.]LIday of "973, the same being done after public hearing, notice, and statutory requirements having been fulfilled . T OWNER,-, CITIZENS BANK and TRUST COMPANY of PARK RIDGE, not individually but as Trustee under Trust No. 413, dated October 29, 1962. 01 1, 4 a. By: ATTEST: Mill 11 00-007 7 VILLAGE OF MOUNT PROSPECT, a municipal corporation of the State of Illinois and County of Cook ATTEST: By: Village Clerk Village President EXCULPATORY PROVISIONS This instrument is executed by CITIZENS BANK & TRUST COMPANY, Park Ridge, Illinois not personally but as Trustee, in the exercise of the power and authority conferred upon it as Trustee, and under the express direction of the beneficiaries of a cer- tain Trust Agreement dated 2,2�1962 and known as Trust No . 413 to all provisions of which Trust Agreement this instrument is expressly made subject. It is expressly understood and agreed by and between the parties hereto, anything kerein to the contrary notwithstanding, that each and all of the representations, covenants) promises, obl'*Lgation,-,, liabilities, undertakings and agreements herein made on the part of the Trustee while in form purporting to be the representations, covenants, promises; obligations, liabilities, undertakings and agreements of said Trustee are nevertheless each and every one of them made and intended not as personatl representations, promises, obligations, liabilities, covenants, undertakings and agree- ments by the Trustee or for the purpose or with the intention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically held subject to said Trust Agreement, and this instru- ment is executed and delivered by said Trustee not in its own rights but solely in the exercise o -,'L: the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assu=med by nor shall at any time be asserted or enforceable against the CITIZEINS BANK & TRUST COMPANY or "cay of the beneficiaries under said Trust Agreement on a I ccoun. of .his instrument or on account of any repre- sentation, covenant, promise, obligation, liability, undertaking or agreement of the said Trustee in this instrument contained, either express or implied, all such per- sonal liability, if any, being expressly waived and released. -A- ORDINANCE NO. AN ORDINANCE ANNEXING PROPERLY GENERALLY LOCATED SOUTH OF ALGONQUIN ROAD AND COMMONLY KNOWN AS 1031 EAST ALGONQUIN ROAD WHEREAS, a written petition under oath signed by the owners of record of land hereinafter described has been filed with the Village Clerk of the Village of Mount Prospect, requesting that said land be annexed to the Village of Mount Prospect; and WHEREAS, no electors reside within the said property to be annexed; and WHEREAS, the said land is not within the corporate limits of any municipality, but is contiguous to the Village of Mount Prospect-, and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect find and believe it to be in the best interests of the said Village that said land and, territory be annexed thereto; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That all land and territory legally described as follows: Lot 1 in ALGONQUIN-BUSSE INDUSTRIAL PARK, being a Subdivision of part of the West Half of the Northwest Quarter of Section 23,, Town - Ship 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois, ALSO That part of vacated Imperial Court extended into Lot 1 of Algonquin -Busse Industrial Park aforesaid,,, ALSO That part of the West Half of the Northwest Quarter of Section 23, Town- ship 41 North, Range 11 East of the Third Principal Meridian, bounded by a line described as follows., Commencing at the intersection of the West line of the East 473.11 feet of the West Half of the Northwest Quarter of said Section 23, with the Southerly line of Algonquin Road; thence North 62 degrees, 43 minutes, 45 seconds West along the South- erly line of said road 200.0 feet-, thence South 27 degrees, 16 minutes, 15 seconds West 165.16 feet to a point on the North line of the South 1565.39 feet of the West Half of the Northwest Quarter of said Section 23; thence North 89 degrees, 6 minutes, 55 seconds East along said North line 253.47 feet to a point on the West line of the East 473.11 feet of the West Half of the Northwest Quarter of Section 23 aforesaid; thence North 00 degrees, 00 minutes, 30 seconds East along said West line 51.25 feet to the point of beginning, in Cook County, Illinois, an accurate map of which territory is attached hereto and hereby made a part hereof by this reference be and the same is hereby annexed to the Village of Mount Prospect, Cook County, Illinois. SECTION TWO: That Map 39-5 contained in SECTION ONE of Ordinance No. 2410, passed and approved March 20, 1973, be amended to reflect the extention of the corporate limits of the Village of Mount Prospect to include the property herein- above described and hereby annexed. a SECTION THREE: That the Village Clerk of the Village of Mount Prospect is hereby directed to file in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this Ordinance, together with an accurate map of the territory annexed. SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. ".W"' PASSED and APPROVED this day of 1973. Village Clerk No Village President ORDINANCE NO. AN ORDINANCE VACATING PORTION OF DAVIDSON AVENUE AND PORTION OF THE PUBLIC ALLEY WEST THEREOF WHEREAS, the Board of Trustees of the Village of Mount Prospect have met and have considered the sale of portion of Davidson Avenue and a portion of the public alley west thereof to the abutting property owners; WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the sale thereof is for the best interests of the Village of Mount Prospect; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the following portion of Davidson Street lying north of Isabella Street within the Village of Mount Prospect shall be and is hereby vacated, to wit: SECTION TWO: That the following portion of the p,ublic alley lying west of Davidson Street hereinabove described shall be and the said alley is hereby vacated, to wit: SECTION THREE: That the Village Clerk of the Village of Mount Prospect is hereby directed to file in the office of the Recorder of Deeds of Cook County, Illinois, a copy of this Ordinance,, together with an accurate map of the terri- tory so vacated. SECTION FOUR: That this ordinance shall be in full force and effect from and after its passage, approval, and publi- cation in the manner provided by law. AYES: NAYS: PASSED AND APPROVED THIS —day of 1973. 91 ATTEST: Village Clerk a Village President 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 Octo- ber 16, 1973, at the hour of 8: 00 p.m. did hold a public hearing upon the pro," posed Annexation Agreement for the regulation of an annexation of certain pro- perty to the Village of Mount Prospect, which property is located on Map 47-S in the Zoning Ordinance of the Village of Mount Prospect; and WHEREAS, a notice of said public hearing was published in a newspaper of general circulation within the Village of Mount Prospect; and WHEREAS, notice has been given and a public hearing was held on October 4, 1973 at 8: 00 p.m., before the Zoning Board of Appeals of the Village of Mount Prospect with respect to the aforementioned Annexation Agreement and certain rezoning and variations to be agreed upon therein; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect believe that such Annexation Agreement is in the best interests of the Village of Mount Prospect-, NOW9 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 Annexation Agreement made a part hereof and attached hereto as Exhibit 1, which Annexation Agreement, pur- suant to the provisions of Division 15.1 of Article II of Chapter 24- of the Illinois Revised Statutes, shall regulate the annexation of the following described property: Lot 7 in ELMHURST-ALGONQUIN INDUSTRIAL PARK -UNIT NO. 21 being a subdivision in the Southeast Quarter of Section 23, Town- ship 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois. SECTION TWO: That the said Annexation Agreement shall be binding upon the suc- cessor 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 and after its passage and approval in the manner provided by law. FI�V*� NAYS: PASSED and APPROVED this day of 1973. ATTEST: Mayor Village Clerk PRE -ANNEXATION AGREEMENT WHEREAS, WILKIN PROPERTIES, INC., an Illinois corporation, hereinafter referred to as the "Owner", is the owner of certain real estate, hereinafter referred to as the "Subject Property", which is legally described as follows: Lot 7 in ELMHURST-ALGONQUIN INDUSTRIAL PARK -UNIT NO. 2, being a subdivision in the Southeast Quarter of Section 23, Town- ship 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois; r1w 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 set forth herein; and WHEREAS, the Owner has heretofore filed a petition to annex to the Village the said parcel of land of which it is the owner,, contingent upon the pro- visions of this agreement-, and WHEREAS, all parties believe it to be in the best interests of the Village and the Owner that the Subject Property be annexed to the Village of Mount Prospect; and WHEREAS, the Owner has plans for the use of the Subject Property upon its annexation to the Village of Mount Prospect; and WHEREAS, it is beneficial to both the Village and the Owner that the Sub- ject Property be annexed and developed as planned; NOWv THEREFORE, it is agreed by and between the Village and the Owner as follow s: 1 That, within the term of this agreement, the Village will annex, and the Owner will join the Village in the annexation of, the Subject Property. 2. That the Village shall pass such ordinances as will enable the Sub" jest Property to be zoned I-1 (Light Industrial District), under the zoning ordinances 000'.-% of the Village of Mount Prospect. The parties hereto do hereby declare that it jp to their mutual interest that should the Owner of the Subject Property 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 varia- tions from its zoning ordinances as may be reasonable in order to satisfy each legitimate need therefor. 3. That the Owner shall have the right to run service taps from the Subject Property into water and sewer mains which the Village of Mount Prospect may extend eastward along Carboy Road in front of the Subject Property, upon payment by the Owner of the usual and normal tap -on fees as prescribed in the Mount Prospect Municipal Code of 1957, as amended, under Section 23.105 for the sewer tap -on charge and under Section 21.1403 for the water main tap -on charge. It is further understood that no other charges for the installation of these mains or tapping into them shall be made by the Village and that such tap -on by the Owner shall not be mandatory. 4. That all provisions, conditions, and regulations set forth in this agreement and the documents or plans to which it refers shall*supercede 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. 5. 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 Owner, 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. IWZ 6. That, in the event any provisions of this agreement or part thereof shall be deemed invalid, such invalidity of said provisions or part thereof shall not affect the validity of any other provision hereof. IN WITNESS WHEREOF, the parties hereto have entered their hands and 10 seals this day of 1973, the same being done pursuant to public hearing, notice, resolution, and other statutory require- ments having been fulfilled. VILLAGE OF MOUNT PROSPECT, a municipal corporation of the County of Cook and State of Illinois ATTEST: By: Village President Village Clerk OWNER: WILKIN PROPERTIES v INC. , an Illinois corporation ATTEST: By: zz RESOLUTION NO. A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION AGREEMENT REGULATING THE ANNEXATION OF PROPERTY LOCATED ON MAP 31-S IN THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS. the Corporate Authorities of the Village of Mount Prospect on October 16, 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 on Map 31-S in the Zoning Ordinance of the Village of Mount Prospect-, and WHEREAS, a notice of said public hearing was published in a newspaper of general circulation within the Village of Mount Prospect; and WHEREAS, notice has been given and a public hearing was held on October 4. 1973v a, before the Zoning Board of Appeals of the Village of Mount Prospect with respect to the aforementioned Annexation Agreement and certain rezoning to be agreed upon therein; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect believe that such Annexation Agreement is 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 Annexation Agreement made a part hereof and attached hereto as Exhibit I. which Annexation Agreement, pursuant to the pro- visions of Division 15.1 of Article II of Chapter 24 of the Illinois Revised Statutes, shall regulate the annexation of the following described property: UCTION TWO: That the said Annexation Agreement shall be binding upon the suc- cessor owners of record of the above described land which iis the subject of the said agreement and upon successor mumicipal authorities of this Village of Mount Prospect, Cook County, Illinois. SECTION THREE: That this Resolution shall be in full force and effect from and "I after its passage and approval in the manner provided by law. PASSED and APPROVED this day of WME-130M WA PRE -ANNEXATION AGREEMENT CHICAGO, as Trustee under Trust No. 28683, hereinafter referred to as the "Owner", is the owner of certain real estate, hereinafter referred to as the Lot 3 (except the West 33.0 feet thereof taken for Briarwood Drive, and except that part falling in Algonquin Road) of Edward Busse's Division of part of the Southeast Quarter of Section 15 and the Northeast Quarter of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, as per plat recorded in the Recorder's Office of Cook County, Illinois, December 17th, 1919 as Document No. 6696216, (ex- cept therefrom that part thereof described as follows: Com- mencing at a point 33 feet East of the Southwe'-st corner of said Lot 3, said point being on the East line of Briarwood Drive; thence North along the East line of Briarwood Drive a distance of 164.04 feet to the place of beginning of the herein described part of said Lot 3; thence East, at right angles to the East line of Briarwood Drive, a distance of 155.52 feet; thence North,, at right angles to the last des- cribed line, a distance of 119.76 feet to the Southwesterly line of Algonquin Road; thence Northwesterly, along the Southwesterly line of Algonquin Road, a distance of 175.0 feet to the point of intersection with the East line of Briar - wood Drive, said point being 33.0 feet East of the West line of said Lot 3; thence South along the East line of Briarwood Drive, a distance of 200.0 feet to the place of beginning, to- gether with the 33.0 feet taken for Briarwood Drive, which lies West of and adjoining the aforesaid parcel of land and also all of Algonquin Road which lies Northerly of and adjoin- ing the Northerly line of the aforesaid parcel of land, in Cook County, Illinois. I 10M, 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 set forth herein; and WHEREAS, the Owner has heretofore filed a petition to annex to the Vil- lage the said parcel of land of which it is the owner, contingent upon the provi- sions of this agreement; and WHEREAS, all parties believe it to be in the best interests of the Village and the Owner that the Subject Property be annexed to the Village of Mount Prospect; and WHEREAS, the Owner has plans for the use of the Subject Property upon its annexation to the Village of Mount Prospect; and WHEREAS, it is beneficial to both the Village and the Owner that the Sub- ject Property be annexed and developed as planned; NOWo THEREFORE, it is agreed by and between the Village and the Owner 1. That, no sooner than November 15, 1973, but within the terms of this agreement, the Village will annex, and the Owner will join the Village in the annexation of, the Subject Property. 2. That the Village shall pass such ordinances as will enable the Sub- ject Property to be zoned B-1 (Business - Shopping Center District) , under the zoning ordinances of the Village of Mount Prospect. The Village will also pass such ordinances so as may be necessary to grant variations for lot size and parking, as well as may be necessary to grant a special use to allow a free standing building to be utilized as a restaurant. 3. That 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 five (5) years from the date hereof. (a) It shall bind the heirs, successors, and assigns of the Owner, 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 restic- tions herein expressed. 5. That, in the event any provisions of this agreement or part thereof shall be deemed invalid, such invalidity of said provisions 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 day of , 1973, the same being done pursuant to public hearing, notice, resolution, and other statutory requirements having been fulfilled. VILLAGE OF MOUNT PROSPECT, a municipal corporation of the County of Cook and State of Illinois ATTEST: By: Village President Village Clerk AMERICAN NATIONAL BANK and TRUST COMPANY OF CHICAGO, as Trustee under Trust No. 28683 ATTEST: By -'# MOUNT PROSPECT PLANNING COMMISSION AGENDA, OCTOBER 17, 1973 FoevRW 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF THE MINUTES OF OCTOBER 39 1973 4. SUBDIVISIONS a. Willes Consolidation 5. A Report to the Commission by Mr. John W.A. Parsons, President of the Mount - Prospect Library Board. 6. AMENDMENT OF THE VILLAGE COMPREHENSIVE PLAN Balance of remaining work to be turned in by the Commissioners. Discussion of the amendment of the Village Plan, 7. OLD BUSINESS P.U.D. for residential zoning - Mr.etols memo Amendment of the subdivision text. Formal recommendation for the Board on the incorporation of Prospect Heights* 8. NEW BUSINESS 9. COMMENTS AND QUESTIONS: members of the public 10, ADJOURNMENT Copies to Mr. Tetthert Mr. Dutton Mr. Seto Mr, Parsons