HomeMy WebLinkAboutOrd 2787 05/02/1978
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2'787
A:::~ ORDINA.l-.JCE (..iliJ':'.NTu,~'r.x A SPEC::.AL USE rImJ'lnT In
THE NATURE OF./\ PLANNED ONIT DEVELOPMEN'I' FOR
!~~~t,ON~_~: rry _ _~2~~~~J~~~~~1 1~~CJ \:i1~~~\.~._? O~ 6. S'(?!l~l'J: '. ,L-{~{tI2~I;;....E 0 ~:}l~
71:!Ii.rtJ~it.S: tl-le ZO!1~)~J.g Beard (::1/\.lJPG3.lf; cf tllG \7illug'e erI IV~:Olrnt ,PI,;()Sr;t~\::t (>l(~ -l"H,?rc~.0~
)Y'8 c\):ndu:'( a nut-lie hc:nrw,ti.:mdcr Cr..i.se 1';0 .6--8U-'78 on FE;br':.un:y 2::>, 19'18, at TI~,~
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,1:Jt;,r of 8: 00 jJ ,111. , pU;:'SUtu:.t '1./) a "l:'eques1. fer a special use in the nG.tm'e ,)f nl?lar~n(:("'
'nit Development; and.
:HEREAS, c, ncHce o.f the afc.:::>esaid p1:1hJ5c hearing 'wa.::; mndc and pu;:'Jid!ec~ ~.:rl, L~1G
dT':!er provided by J2W; and
nn"!:REAS, tiie Building Committefl of the B08~..d of TruBtt:F~S 0f the Vi:li1g'c of M.:),Qjt
rospect has l'evie"..,ed tL.e m~tt~..::r herein and 1':;'<15 I'ecommended the approval thel.'(;(,(
the President and Board of T:,'ustces or the Village of Mount Prospect; <->.:nd
\lHERBAS, the Presidc:nt Hnd Beard uf Trustees of the Village of Mount Pr-ospGet
U'Je determined that the best interests of the VHlage of Mount Prospect w:H bi:'
.ttain.ed. hy the passage of the follmving Ordinance regardDlfs the E:'l.2b5~ct pr:'JpElrty;
OW, THEREFORE.t BE IT OHDAINED BY THE PRBSIDENT AND BOARD OF TFnJ:3'I'EF:5
~:" THE VILLAGE OF lVIODIJT PROSPECT, COOK COUNTY, ILLINOIS:
BeTION ONE: That n special use ~)el'mH be and is hereby granted ~o arimy }<"::'rI,,;t:<~
tee.lty and Builders to constr'~ct a Plrl1:med Unit Development upon the ~olltY!,,"h.ig
escribed property:
The Nort.h 5 acres (except the West 25. Q feet of the Eio1St 50. () f~~,,~t
thereof) and (except the West 210 feEt ther-eof) of the South. 30 Heres
of the Southea'st 1/4 of the Northeast 1/4 ,)f Section 22, TOW~1Ship 4.1
1<:orth, llang8 11, East of the Third PrincipallVl:el'idian, in Cook
Cuunty, IllinoIs.
'E..~~19K TWO: That the Planned Unit Development h8rdnabO\/(; auth()~~i:~pd nnJ
eX'rr~iHed. shall be constructed pt:l'stw.i-:d to the land uses and sr.,md:::L'c1S ;.?}-;o'A"n Upl}~j
}l.B 8i::e Plan, attached hereto and here't.y "lade 11 part hereof &r3 Exhibit I, i~x.cept
s may otherwise be p;:ovided her€5n ~ and 1:18 necessarily modified to s0hre l':n!;;i!:li~(>.r'-
rib layout and design problems ::-'t the time of the' eOl1stru.lJtion of the SJ~cd Phrmf'd
nit Development.
S8id Planned Unit Developme~i.t shaH c0:i18ist of the construction of rI01:::"ri~
than eighty-eight(88) d..veJlhg lmlts upon thnt p07.'tion of lhe subje{~t :en';)--
perty ZOD,8d R-4 (Resid~mdal Development Distx':ict).
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The site of said Planned Unit Development ehall also be inproved. 'ivHh cer:t8'in
or~,,-site and off--'site utilitie:-:: pur:::u:ult to that phm, nttnched hereto al!<-1 her'd..:\!
made a part hereof as Exhibit n (Engineering Plan) which impron:menrs S"~?a~L
be dedicated to the Village cf ]\Iour: I: Prospect.
The P13nned lJnit Developm811t shan be s(?;Y'ved by puch G1'(~ lanes iB .::.r(~ ~3b:"~Y..';'l
upcn Exhibit HI (Fh't: Lene Exhibit:) ::'ttached her-etc an'::.!. h,p:,e1}y nl8(1(:: ,1 p~:\'t
herl'";f)f.
). f'aid Planned Un:it Dev01oJ;.l1"ent way ce cle"^iignatcd. UfJ to kC'::lt~cn l';y 'JI'lC (1)
sign erected t-:pO'l th.€:' subj,_ct pror~erty at the !oc:~t:i.cn shC'vm on E:l, h~bit I
(Site Plan) which sign sr:aH (;OnfOl'H"l :in siz,:: and erm:iguration to >:10 pl;,0.
attuched h,~r-et0 and h€l'eny r,lDde [, pa: D",recf 28 Ex:nibit Hl([:) (Sign
E:dll:.;it) .
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ECTION TIIREE: That the Vlllc.Hte P:r'.:;s:ident is herebv authod-zed to ;:jp-I'!. a:rd
_ t-J ... 0.
e Village Clerk is hert'hy 2.utho:dzed to attest, and Berml1.'c. Hewitt shan E;;ccut-::
nd see to the recording to the "R~i:itrletive Coven;:.m.tsTl 8ttached hel.'eto and 11.eI'eby
ade 8. part hereof as Exhibit IV .
E""TTrp..T ,:OOU'R' Tl-. ~ th, p.~. +.,.it r.;,. "' ,~, ,"'(' Q"~d Z .' f th '~lr"r;_ f 1'"lfr ,~..
_.::~':'.:...:.~.L::"_~....___: La. .8 ..hl eC.Jl (>J. D1J.LO..l...lt; ..d..,Olnng 0 e v "~!~6E' O. ".. _/l...tl(
i'ospect is hereby authorized to issue upon pl'ol>er application 1'0:1.' bui!cHng- permi.t?
neh permits as may be !"cquii.'cd for the construction of the said Pla-:med Unit 1)e'1810' ..
lE:r.t--which construction sha111)e governed by the terms of Artiele XXV of the l\10'0.~lt
rospect Zoning Ordinance. this Ordina.:1ce herein, and all other applicabk ordinaXll.~,. s
f the Village of Mount Pr()spect.
!~CT10N FIVE: That as each buildi:r:g in the development is completed and OCCUP8i1C,T
ertificates al'e issued fer all of the resj.dences in each building, Bernard H(~tdtt 'iN 1:1
aU5e an Open Space Easement to be delivered to the Village of Mount Prospect.
These ea.sem€nts and plats shall be recorded and shall contain such wording
as may be sufficient to permanently fruarantee the open space as ShOV~"Il em such
easement in accordanc(-} with the said Planned Unit Development and any amend-
ments thereto.
That said Open Space Easements shall constitute a covenant runnirlg with the
land and shall be enfoI'ceable by the said Village of Mount Prospect.
BeTION SIX: That the text of this Ordinance and the Restrictive Coven.ants con--
13ined in Exhibit IV hereto shall be recorded in the Office of the Recorder of D eed:s of
ook County, Illinois, upon the execution thereof.
ECTION SEVEN_: That this Ol'dinanee shall be in full force and effect from and i3.11.01'
he recording of an approved plat resubdividing (consolidating) the subject pl'operty
nto one (1) lot of record as show'n upon that plat attached hereto and hereby m8.d(-~ 11
art hereof as Exhibit V and after its passage. approval, and publication in th0;n[~nl" T
rov:ided by law.
YES: 4
TAYS: 1
ASSED this
2nd day of ___ r,'!ay
, 1978.
l.PPROVED this
2nd
day of ___
May
, 1978.
~.~':~<<2d_iL4~~.-:--_.__~_
VilJage Prlesident .
TTEST:
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RESTRICTIVE COVENANTS
BERNARD HEWITT, in accordance with the provisions of Article XXV of the Zoning
Ordinance of the Village of Mount Prospect providing for the creation of Planned
Unit Developments and the regulation of the same, does hereby covenant with the
VILLAGE OF MOUNT PROSPECT, a municipal corporation of the County of Cook
and State of Illinois, as follows:
1. BERNARD HEWITT will maintain control of the Planned Unit Development pro-
posed on the property described as follows:
The North 5 acres (except the West 25.0 feet of the East 50.0 feet thereof)
and (except the West 210 feet thereof) of the South 30 acres of the South-
east 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11,
East of the Third Principal Meridian, in Cook County, Illinois,
to guarantee development substantially in accordance with the Planned Unit
Development Ordinance No. 2787 , approved by the President and Board of
Trustees of the Village of Mount Prospect on
May 2, 1978
, for a
. period of eighteen (18) months following completion of said Planned Unit
Development.
2. BERNARD HEWITT does further covenant that for a period of twenty (20) years
from the date of commencement of construction of said Planned Unit Development
that he will, by contract (5) , provide for adequate maintenance of all building
'exterior parking areas, and other paved areas, and of all open space located
within said Planned Unit Development, which open space is defined as all of the
land upon completion of construction of the said Planned Unit Development, less
residential buildings, commercial buildings, parking areas and other paved
areas.
3. That as final occupancy by residents occur as to each state of development,
BERNARD HEWITT will cause a Plat of Open Space Easement to be delivered to the
Village of Mount Prospect f01' recordation, which, by said Plat, is intended to
permanently guarantee open space substantially in accordance with said approved
Planned Unit Development and any amendment thereto. Said Plat of Open Space
EXHIBIT IV
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Easement shall constitute a covenant running with the land for fifty (50) years
from the date of said recording of those covenants and shall be enforceable by
said Village of Mount Prospect.
4. The covenants herein contained shall run with the land for the periods of time
. set forth herein. Thereafter, said covenants shall be extended automatically
for successive periods of ten (10) years unless by a vote of the majority of the.
said landowners of the said property it is agreed otherwise.
5. Nothing in these covenants 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.
6. By acceptance of these Restrictive Covenants, the Village of Mount Prospect
acknowledges that its Ordinance relating to Restrictive Covenants has been
fully complied with.
7. If the parties hereto, or any of them, or their heirs or assigns shall violate
or attempt to violate any of the covenants herein, it shall be lawful for the
other part~es hereto, including the Village of Mount Prospect, to prosecute
any proceeding at law or in equity against the person or persons violating
or attempting to violate any such covenant--and either to prevent him or
them from so doing or to recover damages or other dues for such violation.
8.. . These covenants shall be binding upon and inure to the benefit of the parties
hereto, their successors and assigns.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
this -r..y~daYOf~ 1978. ~
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VILLAGE OF MOUNT PROSPECT, a
municipal corporation of the County of
Cook and State of Illinois
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Village Pr sident '
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