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HomeMy WebLinkAboutOrd 2700 03/01/1977 II I, 'I II I I I I .I I I I ORDINANCE NO. 2700 AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE NATURE OF A PLANNED UNIT DEVELOPMENT, AS \VELL AS CERTAIN VARIATIONS FOR PROPERTY LOCATED _ AT 820:-826 EAST RAND P:;OAD, MOUNT PROSP~CT, ILLINOIS il! \'j,HEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did heret4- II fore conduct a public hearing under Case No. 71-80-76 on December 9 , 1976) as I IIII well as a public hearing under Case No. 70-Z-76 on February 24, 1977) each at thF hour of S: 00 o'clock p.m., in the Public Safety Building, pursuant to a request fOJj Ii a special use in the nature of a planned unit development and a request for certai1 I' I variations relative to parking and perimeter yards; and I' II II II 1'1 i II Ii II II II II II Ii II I! II I' ,I :1 II II II II II II II Ii i, i II II I, i WHEREAS, notices of the aforesaid public hearings were made in the manner pro- j ,vided by law and published in the November 22. 1976, and February 9, 1977, edi I tions of a newspaper of general circulation within the Village of Mount Prospect;, 8j1nd I i WHEREAS, the President and Board of Trustees of the Village of Mount Prospect I have determined that the best interests of the Village of Mount Prospect will be i attained by the passage of the following Ordinance regarding the subject propertYI;, I NOW, THEREFORE. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUST~ES OF THE VILLAGE OF :MOUNT PROSPECT, COOK COUNTY, ILLINOIS: I I I I I I Bank e.s Trustee under Trust No. 36491 and La Salle National Bank Trust, or its i aSGigns, so as to anow construction of a third building upon the following' descl"ib-[ ed r<:~al property: ?ECTlqN ONll: That a special use permit in the nature of a planned unit develop- ment be and is hereby granted to Loras, Inc. . as assignees of La Salle National il .. " " Ii d ii Ii :1 'i I I I I PARCEL A: That part of the Northwest quarter of the Southwest quarter of Section 35, Township 42 North J H,ange 11 J East of the Third Principal Meridian, described as follo'w s: Commencing at the Southeast cornel' of the Northwest quarter of the Southwest quarter of said Section 35; thence North on the East line of said Northwest quarter of the Southwest quarter> H distance of 429.86 feet; thence West on a line aforesaid, paralJ.el with the South line of the Northwest quarter of the Southwest quarter aforesaid, a distance of 526.77 feet to u place of beginning; thence continuing West on i a line parallel with the South line of the said Northwest quarter of the South-f west quarter a distance of 310.0 feet; thence South at right anr.rles to the lastj described course, a distance of 339. 8~~ feet; th€'.nce West at right angles to I the last described course, a distance of 45.02 feet to the Northeasterly line 9f Rand Road; thence Southeasterly along the Northeasterly line of Rand Eoad ~ distance of 69.42 feet to a line "which is 30 feet North of, measured at rig'ht I angles to, and parallel with the South line of said Northwest quarter of the i -Southwest quarter; thence East along a line 30 f~et North of, measUl'ed at .\ rig'ht ang"les to, and parallel with the South line of said Northwest quarter I of the Soutrnvest quarter, a distance of 320.17 feet; thence North 8. distance I of 399. Sf) feet to the place of beginning. i I I I I I "".,"_.1..,,,, II 11 II I' II II A' ,-~....,..,." PARCEL B: That part of the Northwest quarter of the 'Southwest quarter of Section 35. Township 42 North, Range 11 East of the Third Principal Meri- dian. described as follmvs: Commencing at the Southeast corner of the North- west quarter of the Southwest quarter of said Section 35; thence Korth on the East line of said Northwest quarter of the Southwest quarter, a distance of I 429.86 feet; thence West on a line parallel with the South Une of the Northwes~ quarter of the Southwest quarter aforesaid, a distance of 321.77 feet to a J?laCrl of beginning-; thence continuing \1/ est OIl a line parallel with the South line of , the said Northwest quarter of the Southwest quarter, a distance of 205 feet; I i~:~c~l~~~~hw~tsr~h~; 1irf~~lb!~~r~~~it ~f~~~~~;~{e~~l~i~'1~~~;~~: t~f, 3:r:ci 81 parallel "dth the South line of said Northwest quarter of the Southwest quarterl, a distance of 320.17 feet to the Northeasterly line of Rand Road; thence South- i easterly along the Northeasterly line of Rand Road a distance of 34.64 feet to I the South line of said Northwest quarter of the Southwest quarter; thence East i along the South line of said Northwest quarter of the Southwest quarter. a dis~ tance of 507.80 feet; thence North a distance of 429.86 feet to the'place of begi~- ning. I I I PARCEL C: That part of the Northwest quarter of the Southwest quarter of Seq- tion 35, Township 42 North. Rang'e 11, East of the Third Principal Meridian , j described as follovvs: Beginning at the Southeast corner of the Northwest qU::lJt- tel' of the Southwest quarter. of said Section 35; thcmce North along the East I line of said Northwest quarter of the Southwest quarter, a distance of 429.86 I feet; thence West on a line parallel with the South line of said Northwest quar-i tel' of the Southwest quarter, a distance of 321.77 feet; thence South at right I angles to the last described course a distance of 429.86 feet to the South line 11 of said Northvvest quarter of the Southwest quarter; thence East along the Sou 1 line of the said Northwest quarter of the Southwest quarter. a distance of 324. 8 feet to the place of beginning, all in Cook County, Illinois ~~CTION T'l/VO: That the planned unit development hereinabove authorized and permitted shall be constructed pursuant to the land uses and standards shown upon the Site Plan, attached hereto and hereby made a part hereof as Exhibit A. except I as may otherwise be provided herein, and as necessarily modified to solve engineerr' ing layout and design problems at the time of the construction of the said planned unit development. I I I I I I I I i I I I A. - - That said planned unit development shall consist of two (2) exist- ing' buildings heretofore constructed upon the said subject property as well as the construction of a third building upon the subject pro- perty -- provided the aforesaid construction of the third building as well as any and all additions to it or any of the aforesaid existing buildings shall be on conformity with the plans and specifications shown upon said Exhibit A (Site Plan) . B. That parking spaces shall be of a minimum size of nine feet by eighteen feet (9'x18') and shall be shared by each of the uses shown upon the aforesaid Exhibit A (Site Plan) so that the number of spaces required shall be reduced to a total of six hundred nine- teen (619). -2- I I SECTION THREE: That the Village President is hereby authorized to sign and , the Village Clerk is hereby authorized to attest. and Loras . Inc. shall execute and see to the recording of the "Restrictive Covenants" attached hereto and here- by made a part hereof as Exhibit B. SECTION FOUR: That the Director of Building and Zoning of the Village of Mount Prospect is hereby authorized to issue upon proper application for building per- mits, such permits as may be required for the construction of the said planned unit development -- which construction shall be governed by the terms of Article XXV I of the Mount Prospect Zoning Ordinance, this Ordinance herein, and all other applit cable ordinanees of the Village of Mount Prospect. I i SECTION FIVE: That upon completion of the third building in this planned unit development and upon the issuance of occupancy certificates by the Village of Mount Prospect therefor. Loras, Inc. will cause a Plat of Open Space Easement to be delivered to the Village of Mount Prospect. A. Said Plat shall be recorded and shall contain such wording as may be sufficient to permanently guarantee the open space as shown on such easement in accordance with the said planned unit development unO. any amendments thereto. B. Said Plat of Open Space Easement shall constitute a covenant running with the land and shall be enforceable by the said Village of Mount Prospect. SECTION SIX: That the text of this Ordinance and the Restrictive Covenants con- tained in Exhibit B hereto shall be recorded in the Office of the Recorder of Deeds of Cook County, Illinois, upon the execution thereof. SECTION SEVEN: That this Ordinance shall be null and void and of no force and I effect whatsoever until after its passage, approval, publication, and such time as an accurate plat resubdividing the subj ect parcel described in SECTION ONE above I is recorded with the Recorder of Deeds of Cook County, Illinois, a copy of which I, plat of subdivision shall be attached hereto and made a part hereof. , AYES: 6 NAYS: 0 day of March . 1977. PASSED this 1st APPROVED this 1st day of March , 1977. ~~~ Village President ATTEST: ~\ ;/ !i~'~~ Village Clerk III --3- I I " .. ^.,.,~-"","-~-".. RESTRICTIVE COVENANTS LORAS, INC. , an Illinois Corporation, in accordance with the provisions of Article XXV of the Zoning Ordinance of the Village of 1\Iount Prospect providing for the creation of Planned Unit Developments and the regulation of the same, does here- by covenant with the VILLAGE OF MOUNT PROSPECT, a municipal corporation of the County of Cook and State of Illinois, as follows: 1. LORAS, INC. will maintain control of the Planned Unit Development proposed on the property described as follows: PARCEL A: 'That part of the Northwest quarter of the Southwest quarter of Section 35. Township 42 North, Range 11, East of the Third Principal Meridian, described as follow s: Commencing at the Southeast corner of the Northwest quarter of the Southwest quarter of said Section 35; thence North on the East line of said Northwest quarter of the Southwest quarter, a distance of 429.86 feet; thence West on a line aforesaid, parallel with the South line of the Northwest quarter of the Southwest quarter aforesaid, a distance of 526.77 feet to a place of beginning; thence' continuing lVest on a line parallel with the South line of the said Northwest quarter of the South- west quarter a distance of 310.0 feet; thence South at right angles to the last described course, a distance of 339.83 feet; thence West at right angles to the last described course, a distance of 45.02 feet to the Northeasterly line of Rand Road; thence Southeasterly along the Northeasterly line of Rand Road a distance of 69.42 feet to a line which is 30 feet North of, measured at right angles to, and parallel with the South line of said Northwest quarter of the Southwest quarter; thence East along a line 30 feet North of, measured at right angles to, and parallel with the South line of said Northwest quarter of the Southwest quarter, a distance of 320.17 feet; thence North a distance of 399.86 feet to the place of beginning. PARCEL B: That part of the Northwest quarter of the Southwest quarter of Section 35, Township 42 North. Range 11 East of the Third Principal Meri- dian, described as follows: Commencing at the Southeast corner of the North- west quarter of the Southwest quarter of said Section 35; thence North on the East line of said Northwest quarter of the Southwest quarter, a distance of 429.8G feet; thence West on a line parallel with the South line of the Northwest quarter of the Southwest quarter aforesaid, a distance of 321.77 feet to a place of beginning; thence continuing West on a line parallel with the South line of the said Northwest quarter of the Southwest quarter. a distance of 205 feet; thence South at right angles to the last described course, a distance of 399.86 feet; thence West on a line 30 feet North of, measured at right angles to, and parallel with the South line of said Northwest quarter of the Southwest quarter, a distance of 320.17 feet to the Northeasterly line of Rand Road; thence South- easterly along the Northeasterly line of Rand Road a distance of 34.64 feet to the South line of said Northwest quarter of the Southwest quarter; thence Enst along the South line of said Northwest quarter of the Southw cst quarter, a dis- tance of 507.80 feet; thence North a distance of 429.86 feet to the place of begin- ning. \ PARCEL C: That part of the Northwest quarter of the Southwest quarter of Sec- tion 35, Township 42 North, Range 11, East of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of the Northwest quar- ter of the Southwest quarter, of said Section 35; thence North along the East line of said Northwest quarter of the Southwest quarter, a distance of 429.86 feet; thence West on a line parallel with the South line of said Northwest quar- ter of the Southwest quarter. a distance of 321.77 feet; thence South at right angles to the last described course a distance of 429.86 feet to the South line of said Northwest quarter of the Southwest quarter; thence East along the South line of the said Northwest quarter of the Southwest quarter, a distance of 324.28 feet to the place of beg'inning, all in Cook County, Illinois to guarantee development substantially in accordance with the Planned Unit Develop- ment Ordinance No. 2700 approved by the President and Board of Trustees of the Village of Mount Prospect on March 1st , 1977, for a period of eighteen (18) months following completion of said Planned Unit Development. 2. LORAS, INC. does further covenant that for a period of twenty (20) years from the date of commencement of construction of said Planned Unit Development that it will, by contract (s), provide for adequate maintenance of all building exteriors, 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 com- pletion 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 stage of develop- ment, LORAS, INC. will cause a Grant and accompanying Plat of Open Space Easement to be delivered to the Village of Mount Prospect for recordation> which, by said Plat, it is intended to permanently guarantee open space substantially in accordance with said approved Planned Unit Development and any amendments thereto. Said Plat of Open Space 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 enforce- able 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 -2- 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 condi- tions and restrictions herein and therein expressed. 6. By acceptance of these Restrictive Covenants, the Village of Mount Pros .pect acknowledges that its ordinances relating to Restrictive Covenants have 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 parties hereto, including the Village of Mount Prospect, to prosecute any pro- ceedings 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. this /4 day of WHEREFORE, the parties hereto have hereunto set their hands and seals 17J~ , 1977. ATTEST: /l tl fll7Gdt:! uJ r;z'(rc~~ Village Clerk VILLAGE OF 1\10UNT PROSPECT, a municipal corporation of the County of Cook and State of Illinois By:/?&~L~ Village President LORAS ~_INC., an Illinois 7porati"on By: ~/~>4 {f~ ATTEST: Od ~n. Page 3 '\I '-'<'11 ",. " \J , . o r f . EASEMENT OF OPEN SPACE 1 ~ 3209867 This Grant of Easement of Open Space, made thisv<Ce day of Jnt....t--~ , 1981, by Loras, Inc., an Illinois Corporation (hereinafter referred to as "Grantor") to the Village of Mount Prospect, Illinois, a municipal corporate; title holders of the subject properties; and abutting property title holder;tenants on the subject properties; their business invitees; their guests; and all parties having an interest in the subject properties; their grantees, heirs, and assignees regarding the properties as evidenced by Plat registered on September 20, 1976 as Document #3047576. ' WITNESSETH: Whereas, pursuant to "An Ordinance Granting a Special Use Permit in the Nature of a Planned Unit Development, as well as certain variation for property located at 820-826 East Rand Road, Mount Prospect, Illinois", passed and approved on March 1, 1977 as Ordinance No. 2700 (Exhibit A attached hereto and made a part hereof) the Grantor agreed to conditions; and Whereas, pursuant to Section Five of said Ordinance No. 2700, the Grantor agreed to provide certain permanent gurantees of open space to be enforceable by the Village of Mount Prospect; and Whereas, pursuant to said Ordinance No. 2700, certain "Restrictive Covenants" were made on Exhibit B thereto (Exhibit B attached hereto and made a part hereof) which covenants are to run with the land; and Whereas, pursuant to Paragraph #3 of said Restrictive Covenants, the Grantor shall cause the Grant and accompanying Plat of Open Space Easement to be delivered to the Village of Mount Prospect for recordation and registration to permanently guarantee open space as a covenant running with the land for fifty (50) years from the date of said recor- ding and registering same and may be enforced by the Village of Mount Prospect; Now, Therefore, Loras, Inc., an Illinois Corporation, Grantor, in full compliance with Ordinance No. 2700' and the Restrictive Covenants affecting the properties evidenced by the Plat registered on September 20, 1976 as Document #3047576, does herein grant the following to the Village of Mount Prospect; title holders of the subject properties; abutting property title holders; tenants on the subject properties; their business invitees; their guests; and all parties having an interest in the subject properties; their grantees, heirs and assignees: 1. That the area shown as "Open Space" on the Plat (attached hereto and made a part hereof as "Exhibit C") shall remain Open Space; 2. That said Open Space shall be treated as a covenant running with the land for fifty (50) years from the date of said recording or registering said Plat of Open Space, and said covenant shall be enforce- able by the Village of Mount Prospect; 3. That said covenant of Open Space shall automatically be extended for successive periods of ten (10) years unless by.a vote of the majority of the then title holders of tIle subject properties agree to the contrary. This Grant is made by Loras, Inc. as a fulfillment of its obligat1.on to the Village of Mount Prospect as set forth in Ordinance No. 2700 anJ the Restrictive Covenants thereto. LORAS, INC., an Illin~ corpora/tion By: d~~<:/\ ~CJ ,.',;,~.; ':;.',!,..""'....,.'. ,.,,". ,"'" ,~i;;..k..:;,,:N.t~~:;;:~j9~'f7:.1~:}~~~':;1'~:W,,~;-5~~:w-;!':;~1fE~r.'::-,;f:X:l~:::::':2Ji::m-;:.~,'t;}:;~:.:i1~~:'-~'~:r\,:..-1'l.l"!.ff d' .;" ". STATE OF ILLINOIS) COUNTY OF COOK ) I, J~ 4;, ~tt-L , a Notary Public in and y>r said , .' County, in the State aforesaid, DO HEREBY CERTIFY, that ~~~ ~ ,!'Tesident of Loras, Inc. and ~~ -r-L-SJsr.:""fL~ Secretary of said ( rporation, personally known to me t~e the same persons whose name, ,Ir.e subscribed to the foregoing instrument as such President and See!:'" <try, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free a~d voluntary act of said Corporation, for the uses and purposes therein set forth; and the said Secretary did also then and there acknowledge that said Secretary, as custodian of the corporate seal of said Corporation, did affix the said corporate seal of said Corporation to said instrument as said Secretary's own free and voluntary act, and as the free and voluntary act of said Corporation for the uses and purposes therein set forth. Given under my hand and Notarial Seal this /nAAdJ , 1981. dttd day of. J~?n.~~ Notary Public ..-/','