HomeMy WebLinkAboutOrd 2928 08/07/1979
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ORDINANCE NO.
2928
AN ORDINANCE AUTHORIZING A CANOPY OF A
BUILDING AT 18 W. BUSSE TO ENCROACH OVER SIDEWALK
WHEREAS, Section 9.108 of Chapter 9, Article I of the
Municipal Code of the Village of Mount Prospect provides that
by ordinance exceptions to the prohibition on encroachments
contained in said Section may be allowed; and
WHEREAS, Tod Curtis (hereinafter referred to as "Owner"),
the owner of a parcel of property commonly known as 18 W. Busse
in the Village of Mount Prospect (hereinafter referred to as the
"Subject Property") has asked the President and Board of Trustees
of the Village of Mount Prospect to allow a fixed canopy to be
constructed on the premises of the Subject Property, which fixed
. . . .
canopy will encroach upon the sidewalk by approximately
29
inches; and
WHEREAS, the President and Board of Trustees of the Villag
of Mount Prospect have èonsidered said request by Tod Curtis and
have determined that it is appropriate to grant said request pro-
vided that the owner of the Subject Property executes the Indemni
fication and Hold Harmless Agreement attached hereto as Exhibit A
ndincorporated herein by this ref~rence.
NOW, THEREFORE, BE IT ORDAINED by the President and Board
f Trustees of the Village of Mount Prospect, Cook Covnty,
Illinois, a~ follows:
SECTION ONE:
The foregoing recitals are incorporated
erein as though fully set forth.
SECTION TWO:
Subject to the conditions set forth
ln SECTION THREE hereafter, Owner of the premises of the
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Subject Property be, and is hereby, authorized to construct
and maintain a fixed canopy on the premises of the Subject
Property in the location shown on the plan therefor attached
hereto as Exhibit B and incorporated herein by this reference,
which fixed canopy shall be permitted to overhang by no more
than
29
inches the public sidewalk located in front of
the premises of the Subject Property.
SECTION THREE:
The authorization to encroach upon the
public siçewalk granted to the Owner of the premises of the
Subject Property in SECTION TWO hereinabove is conditioned
upon Owner's execution of the Indemnification Agreement
in substantially the same form as Exhibit A hereto,
which agreement shall be recorded with the Cook County Recorder
of Deeds or Registrar of Titles, whichever is applicable, and
shall be binding upon the Owner and the Owner's heirs~ successors,
assigns and personal representatives and successor legal and
beneficial owners of the Subject Property.
SECTION FOUR:
This Ordinance shall be in full force and
effect from and after its passage and approval in the manner
provided by law and recordation by the Owner of the premises
of the Subject Property of a fully executed Indemnification
Agreement, Exhibit A hereto.
PASSED THIS 7th DAY OF August
AYES: 5
NAYS:. 0
ABSENT: 1
APPROVED THIS 7th DAY OF August
, 1979
, 1979
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VILLAGE CLERK . .'~ .
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LEGAL DESCRIPTION
The South 1.11 feet of the West 37.37 feet of Lot TwQ
All of Lot Four
(2)
(4)
In Mount Prospect Central District Subdivision of part of
the West Half (1/2) of Section 12, Township 41 North,
Range 11, East of the Trird Principal Meridian, in Cook
County Illinois, as shown on Plat thereof registered on
December 23, 1949, as Document Number 1275902.
EXHIBIT
1
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INDEMNIFICATION AGREEMENT
The Undersigned,
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, for and
in consideration of the authorization given to the Undersigned
by Ordinance No.
2928, passed and approved by the President
and Board of Trustees of the Village of Mount Prospect on
August 7th
,1979, to construct and maintain a fixed 'canopy ,
as an ecnroachment over the public sidewalk in front of the
premises of a parcel of real estate own~d by the Undersigned,
which parcel of real estate is commonly known as 18 W. Busse
, in the village of Mount Prospect, Cook'County, Illinois, and
which is legally described on Exhibit I-attached hereto and
incorporated herein by this reference (hereinafter referred to
as the "Subject Property")"hereby agrees to defend, protect,
indemnify and save and hold harmless the Village of Mount
Prospect and each and everyone of its officers, agents, employees,
servants, attorneys, successors and assigns {hereinafter referred'
to collectively as the "Village") if any person, firm or corpora-
tion shall assert or attempt to assert any claim, demand, cause
. or causes of action or actions, against the Village for any expenses I
injuries, damages or losses of any kind or character whatsoever
arising out of the encroachment of a fixed canopy over the public
sidewalk in front of the Subject Property.
The Undersigned agrees that this Indemnification Agreement
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shall be binding upon any and all heirs" successors, assigns,
and personal representatives of the Undersigned and any and all
successor legal and beneficial owners of the Subject Property.
.
WHEREFORE, the Undersigned,
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EXHIBIT A
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has set Undersigned's hand and seal this
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day of
/f'r
, 1979.
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¡J /~£¿7£, a Notary Public in and for
the County of Cook, State of Illinois, states that -;2;"l)
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CURT,5 , personally known to me to 'be the same
person who subscribed ¡.lIS
name to the foregoing Agreement,
subscribed ills name as ;lIS,: freë'
Zti7 day of ()1-<.Þ/-¿'()~
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and voluntary act on this
,1979.
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AFFIDAVIT
I,
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, after first being duly
sworn" on oath state that I am the owner of record and the
sole owner of a parcel of real estate commonly known as
18 W. Busse in the Village of Mount Prospect, Cook County,
Illinois,'and legally described as follows:
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,If FIE/.-.yS; a Notary Public in and for the
County of Cook, .Btateof IllJnois, states that -¡-oy
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, personally knowon to me to be the same person
who subscribed AIlS name to the foregoing Affidavit, subscribed
HIS name as HIS' free and voluntary act on this Y7 day
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of tÞ;¡~
,1979.
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Notary Public
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