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R-66-19. RESOLUTION NO. R -66- 19 RESOLUTION APPROVING ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF DEERFIELD and F. D. CLAVEY RAVINIA NURSERIES, INC. and ROY F. CLAVEY WHEREAS, F. D. CLAVEY RAVINIA NURSERIES, INC. and ROY F. CLAVEY are the owners of record of certain parcels of real estate, the legal descriptions of which are set forth on attached Exhibit "A "; and WHEREAS, pursuant to the provisions of Section 11- 15.1 -1, et seq., of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1965), said owners submitted to the corporate authorities of the Village of Deerfield a proposed Annexation Agreement with respect to their real estate, a copy of which agreement is attached hereto and made a part hereof, and the cor- porate authorities held a public hearing thereon pursuant to notice as provided by statute; and WHEREAS, pursuant to notice as required by statute and ordi- nance, a public hearing was held by the Plan Commission of the Village with respect to the request of said owners to zone Par- cel A of their property in the "R-l" One - Family District and Parcel B of their property in the "R -2" One- Family District, and written findings of fact and recommendations with respect thereto were made by said Plan Commission and submitted to the corporate authorities; and WHEREAS, the corporate authorities, after due and careful consideration, have concluded that the annexation of the subject property to the Village on the terms and conditions stt forth in said attached Annexation Agreement would further the growth of the Village, enable the Village to control the development of said property and subserve the best interests of the Village. [2] NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,.AS FOLLOWS: SECTION That the Annexation Agreement between the Village ONE: of Deerfield and F. D. Clavey Ravinia Nurseries, Inc. and Roy F. Clavey, a copy of which is attached hereto and made a part hereof, be and the same is hereby approved. SECTION That the President and Clerk of the Village of TWO: Deerfield are hereby authorized and directed to execute said Agreement. ayes; Six (6) nays; NONE (0) absent; NONE (0) PASSED this 18th day of July , A.D . 1966. APPROVED this 18th day of My , A.D. 1966. Village President ATTEST: Village Clerk J . • THIS d'.iYFbf:/OWN , ziade and entered into, his day of o A.D. 1366, betoeen THE VILLAGE OF M LF . Lake and cook Counties, ll linoirs ' (hereinafter for convenience scmetimes referred to as the "Village"), by and through tho president and bieirbe rs of tho Board 0f Trruw- teen of the Vi.11"Age . of Deerfield (hereinafter for conven- ience Soraetimesz re£errcd to collectively as the °'Corporate Authorities ") , and F. D, Z RAVZI IA HUF ERMS, WCO o an Xll.i.nois' corporati.ang and ROY Fo =vzY (hereinafter for c nvenience . some4i me=:s zr eg o red . to as "Vtmezc Vv'MF•r AS, der is the Owma : of record 'title 'of Cer- tain real as tat a, the legal de'scri.pti.on of which Is zet forth on attaChad �xizibifi E. „g` eahi.c► real estate is hereinafter ro- ferred to wp the "Subject Property"; arcs . . �n?'r ERBAS, said real estate is included within—an area vyni,ch is propospcl to tae ' anne a_d. to the Village ' and i conti.guauq :to the corporate limi.�s ny the Vi.11a.ge, , and (xm- ez; desires to anne—: said real.` csta':o to the Viliago, on the te=s and. ;candi.tions he:: einz:�ftex -set forth - and '� , '11r-S*UC- il3t '6'o tba �7�'OiIJS1(3i2Li O� �3C'�.'1oiY et seq., of tale Illinois Municipal. code (Chapter 111inoi.a Revisc -cI tat -,tes 19 35� , .a proposed Annwcati on Agreement ; +.n gtbstance and inform the same as. this,' Agre. =e4it 1 1 i Ii i was submitteed to the Corporate Authorities and a, public bear- ing was held thereon pursuant to notice as provided by stat- ute8 and WHERMS, pursuant to notice as required by statute and ordinance, a public hearing was held by the Plan commis- sion of the Village on the requested zoning classification of Parcel A of the subject property in tho SPI-1 One- ,F &nily District and of Parcel B of subject property in the R-2 Residential, Dis- trict and on the recnxest for waiver of the requirement of post- ing of an - improvement bond' prior to app =oval of 'the; suazdividing of said Parcel B in accordance t th P,2 Residential. District oubdivision requirc �nents, prov i&,,d that the subdivision plat contain a statement that no bual.etin may be constructed on any lot in the subdivision until a bond in tale amount determined by the Village Authoeities to be suMcient to guarantee in- stallation of normal subdivision improv c -ments has been filed vyith and approved by the Village Authorities and written find- ings of fact and recommendation made by said %Mara Corzoissdon trier °a submitted to the Corporate Autharkties o and tl.R_&amAS, the Corporate Amtlhorit ies, after due and careful consideration, have concluded that the annexation of said real estate to the Village on the terms and conditions hereinafter set forth would further: the groY,Yth of the Village, enable the .Village to control the development of the area, and subserve the best interests of the Villageo AVOW, : THEREFORE, in consideration of tI_�* premises and of the mutual covenants and agreements herein contained, it is hereby agreed as follmyss 1. That this 11greenent is made pursuant to and in accordance with the =ovi-zions of SectAcn 11-15.1-1, et seq.-O, Illinois municipal Code QC`hla.-pter 24, Illinois Rovized Stat- utes 1965) . 2. Upon exocu-Cion of this Agreement, atiner will execute and file with the Village Clork a proper peltition, conditioned on the terms and conditions of this AgreGmont, to . annex the subject property to the village. 3. The Corporate ,Authorities,.inmediately upon the execution o.'LE this .AgBement and upon the filing of a proper petition by the oromer as hereinabove provided, will enact an ordinance annexing the reai estate hereinabove do.scribed to the Village. 4. Dmediately, - after the passage of ..the ordin- ance annoxing the real estate herainabove described, nano Cor- porate'Authorities shall cause •--o be adoptad an amendmant to the Zoning ordinance of the Village zoning and classifying Parcel A of the subject property herainabove described in the R-1 One-Family District and Parcel 3 oZ the subject property hereinabove described in the R-2. Residential District and shall waive the requiroment of posting of an improvement bond prior to the approval of the subdividing of said Paxcol 3 in accordance with R-2 Residential District subdivision roquire- Ments, provided that the subdivision plat contain. a state-ament that no building may b^ constructed on any lot in the subdivi- sion until a bond in the amount determined by the Village an- thoritiez to be sufficient to guarantee installation of normal subdivision improver -aents has been file d with and approved by t1m • 5. h1s1 ordinances of the Village relating to subdivisaon control, zoning, offLc cal plan, and building, housing and related restrictions, presently irn effect and as modLfied by the terms hereof, shall, insofar as they koply to the land tfhidi is the subject of this Agrec cent, IcontLnue in effect during the efbective period of this Agreement, ex.cep; with the mutual consent of the panics, Rio This P= grczsent shall be binding upon the pa' tics hereto, their respective succersors and assigns ; gor a tetra, of five (5) years from the dato hereof as pro - vidcd by statute. 12H MIZVESS tME 031, this sicsrCC -meat has been C:'G— c ited by the au nox and on bcnal2 o:2 the Village of near- gield by its Prezident and Village Clerk. .� F. Cw .1M WMAGE'a OF D2E5 z M a • .. �KG�Y.dQnAt`: ,aa�,y a�ata trYS?a: i cd t3:�1 :8x$ M3 TE.T . -4— EXHIBIT' "A" PARCEL ,A s That iaart of the southwest quarter of the southeast quarter of Section 30, Township 43 North, ' Range 12, Vast of the Third Principal meridian, lying w ;st of - -the cast 9 acres thereof and east of the east lane of the Illinois Toll Road Parcel %.7a11-A -50 and , north and east' of Toll :toad Parcel T- 11 -P,-50.3; also The East 9 acres of the southwcsti quarter of the southeast quarter of Section 30, aforesaldt also The west 4050 acres of the southeast quarter of the southeast quarter of Section 30, aforesaid, PA13C E' B s . . The east 10 acres of the west 20 acres of the south half of the north half of tt?raae southeast quarter 'of Sections .30, aforesaid (e <ccept that part taken for Toll Road) , all in Lake County, 111inois e RESOLUTION NO. R -66- lg RESOLUTION APPROVING ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF DEERFIELD and F. D. CLAVEY RAVINIA NURSERIES, INC, and ROY F. CLAVEY