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HomeMy WebLinkAboutOrd 2690 01/04/1977 II 'I ORDINANCE NO 0 / t r (j AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE NATURE OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 2050 WEST ALGONQUIN ROAD, MOUNT PROSPECT, ILLINOIS I WHEREAS. the Zoning Board of Appeals of the Village of Mount Prospect did I heretofore conduct a public hearing under Case No. 52-SU-76 on September 2, 197 at the hour of 8: 00 p om o. pursuant to a request for a special use in the nature 10f a Planned Unit Development; and , . I, i WHEREAS, a notice of the aforesaid public hearing was made in the manner 'Ii provided by law and published in the August 17, 1976. edition of a newspaper I II of general circulation within the Village of Mount Prospect; and I I I WHEREAS. the President and Board of Trustees of the Village of Mount Prospect I I have determined that the best interests of the Village of Mount Prospect will be i I attained by the passage of the following Ordinance regarding the subject property; I . NOW. THEREFORE. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRDStEl OF THE VILLAGE OF MOUNT PROSPECT. COOK COUNTY. ILLINOIS: I I SECTION ONE: That a special use permit be and is hereby granted to allow I I Holiday Lane Building Corp 0 and Albert M 0 Katz, or their assigns, to construct I a Planned Unit Development upon the following described property: i I I I i I i The East 151. 05 feet of the West 585025 Feet (measured along a line parallel with the North LIne) of Lot 2 (except the North 703.70 feet thereof. and except that part taken for Algonquin Road) in Edward Busse's division of part of the Southeast Quarter of Section 15 and the Northeast Quarter of Section 22, Township 41 North. Range 11 East of the Third Principal Meridian in Cook County, Illinois. I SECTION TWO: That the Planned Unit Development hereinabove authorized and permitted shall be constructed pursuant to the land uses and standards shown I upon the Site Plan. attached hereto and hereby made a part hereof as Exhibit A , . except as may otherwise be provided herein, and as necessarily modified to solve engineering layout and design problems at the time of the construction of the said Planned Unit Development 0 A. Said Planned Unit Development shall consist of the construction of no more than 78 dwelling units upon that subject property zoned R-4 (Residential Development District) 0 1. Said number of dwelling units may be comprised of efficiency, one-bedroom, and/or two-bedroom units. 20 No units containing more than two bedrooms shall be permitted 0 SECTION THREE: That the Village President is hereby authorized to sign' and the Village Clerk is hereby authorized to attest, and Albert 1\1 0 Katz shall execute and see to the recording to the "Restrictive Covenants!! attached hereto I I '1 , ' and hereby 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 permits, 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 of the Mount Prospect Zoning Ordinance, this Ordinance herein, and all other applicable ordinances of the Village of Mount Prospect. SECTION FIVE: That as each building in the development is completed and occupancy certificates are issued for all of the residences in each building, Albert M. Katz will cause a Plat of Open Space Easement to be delivered to B. That said Plats 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 contained in Exhibit B hereto shall be recorded in the Office of the Recorder of Deeds of Cook County, Illinois, upon the execution thereof. AYES: 5' / I Ordinance shall be in full force and effect from and! and publication in the manner provided by law. I I I , i I I i I I , i , I I I I UA~ vA,J . 1977. SECTION SEVEN: That this after its passage, approval, I NAYS: I I PASSED this 14( _II day of :/./ APPROVED this IT day of , 1977. APPROVED: L /) ~ - /' ,.' / / ,.1 " p'. " , , ~~ -.. '/7- ' ~?:: - // .// ~::;. . ' Village President ATTEST: 'I, 1;. 1/ It / L . .L,' , .____..-/' I ~/ c}L.,; v;. .."./'" .........-..".-. .....~...............-- Ilvillage Clerk -2- '1:' , I I I i RESTRICTIVE COVENANTS ALBERT M. KATZ. in accordance with the provisions of Article. XXV of the Zoning Ordinan.ce 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. ALBERT M. KATZ will maintain control of the Planned Unit Development proposed on the property described as follows: The East 151. 05 feet of the West 585.25 Feet (measured along a line parallel'with the North LIne) of Lot 2 (except the North 703.70 feet thereof, and except that part taken for Algonquin Road) in Edward Busse's division of part of the Southeast Quarter of Section 15 and the Northeast Quarter 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 .~. approved by the President and Board of Trustees of the Village of Mount Prospect on. / - .~.,.; 7 7 . , for a period of eighteen (18) months following completion of said Planned Unit Development 0 2. ALBERT M. KATZ does further convenant 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(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 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 stage of development, ALBERT M. KATZ will cause a Plat of Open Space Easement to be delivered to the Village of Mount Prospect for recordation, which. by said Plat, jf')' fi i 8 iT B . . it 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 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 period of time set forth herein. Thereafter ,said covenants shall be extended automatica: 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 those 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 arid restrictions herein and therein expressed. I 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 0 7 . If the parties hereto ,or any of them, or their heirs or assigns shan 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 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 -2- ...."'-_.,.,~.~.,=:."~~+_.__~__..."'""~,_m.,,,'''~''''':~k~...~''''''''..,..,...~~=.~~,_,~-"~!.""''''''''''''~~"''''~c.''''.'",,",=~,,,,,,,_==_,,,,,,,,,,,,,,,,,,__ , .... "" II> the parties hereto.. their successors and assigns. 1# day Dated this of J~ . 1977. t1~7h, ~ AGREED TO: VILLAGE OF MOUNT PROSPECT. a municipal corporation of the County of Cook and State of Illinois. By: ~~/,/ ~_..e; , . ' /e:... ~...,. _ Village President ~7 ATTEST: d d tv:: ~-- Village Clerk -3-