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HomeMy WebLinkAboutOrd 4934 05/19/1998 ORDINANCE NO. 4934 AN ORDINANCE GRANTING A CONDITIONAL USE FOR PROPERTY COMMONLY KNOWN AS 1000 WEST CENTRAL ROAD Passed and approved by the President and Board of Trustees the 19th dayof May, 1998 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 20th day of May ,1998. CAF ~3~98 ORDINANCE NO. 4934 AN ORDINANCE GRANTING A CONDITIONAL USE FOR PROPERTY COMMONLY KNOWN AS 1000 WEST CENTRAL ROAD WHEREAS, the Mt. Prospect Park District is the owner of property commonly known as 1000 West Central Road (hereinafter referred to as Subject Property) and zoned C-R (Conservation Recreation) District and legally described as: Lot 1 in Trade Service Publications Subdivision in the East Half of the Southeast Quarter of Section 33, Township 42 North, Range 11, East of the third Principal Meridian, in Cook County, Illinois WHEREAS, Walter Cook, representing the Mt. Prospect Park District, (hereinafter referred to as Petitioner) has filed an application for a Conditional Use for the Subject Property, as provided in Section 14.703.4, to allow a recreation complex C-R (Conservation Recreation) District; and WHEREAS, a public hearing was held on the variations requested being the subject of ZBA Case No. 3-98 before the Zoning Board of Appeals of the Village of Mount Prospect on the 9th day of Mamh, 1998, pursuant to due and proper notice thereof published in the Mount Prospect Journal on the 25th day of Mamh, 1998; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village have given further consideration to the Conditional Use being the subject of ZBA 3-98 and have determined that the best interests of the Village of Mount Prospect would be served by granting said Conditional Use. 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 recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That the President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use to the Subject Property to allow a recreational complex on the Subject Property, subject to the following conditions: 1. That the Petitioner shall be responsible for the cost for the installation and maintenance of the flashing pedestrian lights and appurtenances. 2. That the Petitioner shall cause a pedestrian crosswalk to be painted and maintained according to Illinois Department of Transportation standards across Central Road from the general vicinity of Cathy Lane on the south to the Subject Property. 3. That the Petitioner shall name the Village of Mount Prospect, it agents and BA 3-98/C.U. Page 2 of 2 representatives as additional insured on its General Liability Insurance policy with respect to the crosswalk. 4. That the Petitioner shall execute an Agreement related to said crosswalk, acceptable to the Village Attorney, holding harmless the Village of Mount Prospect, its agents and representatives from any claims arising out of the use of the Subject Property or the crosswalk. 5. That the Mt. Prospect Park District will cooperate and work with the Village to actively pursue the installation of a full traffic signal at the intersection of Cathy Lane and Central Road, and if the Illinois Department of Transportation authorizes the installation of said traffic signal, the Mt. Prospect Park District will share in the cost for installation of such traffic signal on an equitable basis. 6. That the Petitioner shall cause the installation of pedestrian sidewalks on the south side of Central Road between Cathy Lane and We Go Trail. SECTION THREE: That the Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Corooran, Hoefert, Lohrstorfer, Nocchi NAYS: Clowes, Wilks PASSED and APPROVED this 19th day of May, 1998. ATTEST: Carol A. Fields Village Clerk t. Prospect Park District 1000 W. Central Road · Mt, Prospect, IL 60056-2223 · (847) 255-5380 · Fax (847) 255-1438 May 19, 1998 Letter of Indemnification and Covenant to Hold Harmless Dear Mr. Mayor and Board of Trustees: By this letter the Mt. Prospect Park District covenants and pledges to hold the Village of Mount Prospect, its officers, agents and employees harmless and indemnified against any claims of whatever kind or nature that may be brought by persons using the premises at 1000 W. Central Road, Mount Prospect, Illinois, and claims of injury to persons or property because of pedestrian, bicycle or motor vehicle traffic, while either the injured party or the alleged tortfeasor was traveling along or upon Central Road between Cathy Lane and Lancaster Street in the Village of Mount Prospect, including, but not limited to the crosswalk to be installed by the Park District pursuant to the conditions attached to Ordinance No. g'/~.~ _/.] of the Village of Mount Prospect. It is the intent of this letter that the Village of Mount Prospect not take on any additional exposure to risk of lawsuits or loss on account of its rezoning of the 1000 W. Central Road Park District site for conservation/recreation purposes. Sincerely, MT. PROSPECT PARK DISTRICT Its Executive Director Serving Portions of Mt. Prospect * Des Plaines · Arlington Heights * Elk Grove Village