HomeMy WebLinkAboutOrd 2424 05/01/1973
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ORDINANCE NO. .< l' < 7
AN OHDINANCl'; ClH.ANTING ^ SPECIAL USE PEllMIT IN
THE NATURE OF A PLANNED UNIT DEVELOPMENT
WHEHEAS. thc Plan Commission of the Villagc of Mount Prospect did heretofore
conduct a public hearing under Case No. 73-8P on Mareh 16. 1073. at the hour
of 8: 00 P.M.. pursuant to a request for a special use in the nature of a Planned
Unit Development; and
WHEHEAS, H notiee of Ow. nfol'mwid puhlie ]wurinp; WI.lS made in the mannCl' Pl'O-'
vidcd by low [lnd published in Uw Febl.'unry 28. 1 \)7:3, edition of a ncwHpllpc'r of
general eil'culation within Ow V illllg'c of Mount Prospect; and
WIIEHF.I\S. the COl'plll'ntl' Authorities of tho Villuf;O of Mount ProHlwet on April 5,
H173 I at the hour of 8: 00 P .IVl. did holel a public hearing upon the propoHed Annexa"
tion Agreement for tho re~~ulHtion ofsn annexation of certain property to the Village
of Mount PrOf;pcct, whi('h property is located on Map 47-S of the Zoning' Ordinance
of the Villng'c of Mount Prospect; nnd whieh public hearing WHS continued to A pl'il 2G.
ln73. at the hour of 8: no P ,M.; nnd
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WHEREAS, the President and Board of Trustees of the Village of Mount Pror~peet have
dct()rmined that the b(>st interests, of the Villng'c of Mount Prospect will be attaIned by
the adoption of the Petitioner's t'equest und(~l' Case No. ,/:}-8P regarding' the fiubjcet
property; and
WHEREAfl, the President nnd Board of Trustees of the Village of Mount Pl'Or'ilwet havo
passed and nppro:vedHcf.w]ution No. 1 D" 7a authorizing the annexation and dev(dopment
of the subject property us fl Planned Unit Development;
NOW. THEREFORE. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT. COOK COUNTY I ILLINOIS:
SECTION ONE:: That a special use permit be and is hercby granted to allow Chicago
Title and Trust Company, as Trustee under Trust No. 43076. or its assigns. to con-
struct a Planned Unit Development upon the following described property:
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Lot One of The Colony Aubdjvision. boing a subdivision
of the Southeast -! of the Southeast ! of Section 23. Town-
ship 41 North. Range 11, East of the Third Principal
'!Vlt'l'idinn,ill Conk COllnty, Illillllil1j
which plat of subdivision of the subject tract is attached hereto and made a part
hereof as Exhibit A; and which subdivision shall not bc subdivided hereafter in
HC'cOl'dancc with the specinl use pl.'l'lllit [;1'11 ntpd hel'(,jn.
SE(~~,!Ol'J_ TWg: That the Planned Unit nevnloptrwnt hCl'flin and ahove nuthorized
and permitted shall be constructed pursuant to the terms set forth in an Annexation
AgTP,'ment hetween Chicll[;O Title and Tr'Lwt Company, fiR Trustee and Owner, nnd
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the Village of Mount Prospect, which Annexation Agreement. entered into and
executed April 26. 1973. is nttnched hereto and hereby made a part hereof as
Exhibit B.
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SECTION THREE: That thc Director of Building and Zoning of the Village of Mount
Prospect is hcr:eby authorized to issue. upon proper application. such building per-
mits as may be required for the said Planned Unit Development. the construction of,
which shall be governed by the terms of the said Annexation Agreement. Section 5.1
of the Mount Prospect Zoning Ordinance in effect April 26. 1973. this Ordinance here-
in. and n11 other applicable Ordinances of the Village of Mount Prospect.
SECTION FOUn: That this Ordinance tog'ether with all its exhibits and plans shall
be recorded in thc Office of the Hecol'cl(}r of Deeds of Cook County. Illinois, Upon
compll'tion of the l'lmllwd Unit Development herein; and tho llcstrictivo Covenants
contained on Exhibit C hereto shall bl..! recorded upon the execution lhereof und the
passag'e and approval of this Ordinance.
e.EC_T[Qi:!...E~~~ That this Ordinance Rhnll be in full force und effect from Hncl after
its pnHsllg'c. nppl'ovnl, olld pUblication ill H IllHI1tIl~r pl'ovidud by law Hnd tho rocord.
ing' of Exhibits A rllld C attached hereto; which Exhibit C shall guarantee Hmonf~ other
things: (1) the development of the subject property in accordance with the Planned
Unit Development hCl'nin; (2) the continued mninterwnco Hnd prot(~ction of 1111 public
opell Rpnce 1I1HI ('OllllllOn opell spncu witlI Hllid PIlltuwd Unit fh~v()J(Jptnunt; (:1) the
rig'ht of the ViUllg'c of Mount PI'ospect to enforce said Covonants by any appropriate
action in law or in equity; and (4) that the Owner shall guarantee common ownership
or control extfmding to all portions of the Planned Unit Development for a period of
not less than eighteen (18) months following its completion and which shnll extend
to all common open space. landscaping. exteriol' maintenance. and all other exterior
aspects of the development for, a period of not less than twenty (20) years; which
Covenants shall run to and be for thc benefit of the Village of Mount Prospect.
AYES: /,
NA YS: 0
PASSED and APPROVED this /J""- day of &~/. . 1973.
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Village President
ATTEST: j) ,
--4':cs:L ~c::5:,~/_LJcu_,..-/
VIllage Clerk
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STATE OF ILLINOIS
COUNTY OF COOK
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It Marie T. Hardt do hereby certify that I am the duly
qualified and acting Deputy Clerk of the Village of Mount Prospect
in the County and State aforesaidt and as such Deputy Clerk I am
the keeper of the records and files of the Board of Trustees of
said Village.
I do further certify that attached hereto is a fullt true
and correct copy of
ORDINANCE NUMBER 2424
duly adopted by the Board of Trustees of the Village of Mount
Prospectt Cook CountYt Illinoist at its legally convened meeting
held on the
1st day of May, 1973
t and that at the
time of adoption of said Ordinance Number 2424
the Board of Trustees voted as follows:
AYES: 6
NAYS: 0
ABSENT: 0
all as appears in the official records of said Village in my care
and custody.
Dated at Mount Prospectt Illinoist this
January, 1974.
3rd day of
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Deputy C erk, Village 0 Mount Prospect
Cook County, Illinois
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EXHIBIT A
The Southeast Quarter of the Southeast Quarter of Section 23,
Township 41 North, Range 11, East of the Third Principal Meridian
(except the North 480 feet of the East 931.35 feet thereof as
measured parallel with the North and East lines thereof; and
except the East 50 feet thereof; and except that part thereof
described as follows:
Beginning at the intersection of the North
ANNEXATION AGREEMENT
WHEREAS, Chicago Title and Trust Company, as Trustee under
agreement dated February 23, 1961, and known as Trust No. 43076, here-
inafter referred to as "the Owner", is the owner of a certain parcel
of real estate legally described in Exhi#.iit I (Survey Exhibit) attachec,
hereto and hereby made a part hereof, referred to hereafter as J`P:l
"subject property"; and
WHEREAS, the Village of Mount prospect, a municipal corporation,
organized under the laws of the State of Illinois, hCreinafter refers-e.d
to as 10the Village:",has the power, under State law, '4o enter into nn
annexation agreement such as set forth herein; and
10.11 %Erhr, the Owner has heretofore filed a petition to annex the
subject property to the Village, contingent on the provisions of this
Agreement; and
WHEREAS, both parties believe it to be in the best interests of
the Village and the Owner that the subject property be annexed; and
WHEREAS, the Owner has caused the land which is the subject
matter of this Agreement to be planned for the uses set forth in various
Exhibits, which Exhibits are incorporated by reference and made a part
of this Agreement --all of said Exhibits and this the text of this Agree-
ment being hereinafter collectively referred to as "the Plan"; and
WHEREAS, it is beneficial to both the Owner and the Village that
the project be constructed in accord with the Plan;
NOW, THEREFORE, it is agreed by and between the Village and
the Owner as follows:
1. That the Village shall annex the subject property. The
Village further shall aid in the acquisition of such easements and
rights-of-way as may be necessary to provide access.of public utilities
adequate to serve the subject property when fully developed in accord-
ance with the Plan. For this purpose, the Village agrees to exercise
its powers of condemnation, if necessary; provided that the Owner will
defray all costs in connection with the acquisition of easements and
rights-of-way, including costs of condemnation, if any.
2. That the Village shall pass 6uch ordinances as will enable
the construction of the development as contemplated by the Plan and by
this Agreement. It is understood and agreed that a memorandum of the
planned unit development ordinance approving the within referred to
Planned Unit Development and certified by the Village Clerk shall be
recorded by the Village in the Office of the Registrar of Titles, Cook
County, Illinois, which memorandum shall not include the recording of
any exhibits, but will include the recording of all necessary covenants
guaranteeing open space. Said recording shall be done within ten (10)
days of the effective date of said ordinance. However, exhibits made
a part of said text and/or made a part of this Agreement shall be re-
corded by the owner with the approval of the Village Engineer as the
subject matter of said exhibits is completed. Said exhibits shall be
recorded as modified if necessary as a result of the conditions set
forth under Paragraph 3 herein or in event of modification of the
planned unit development ordinance passed for the subject development
by agreement with the Village of Mount Prospect.
3. That the Owner shall cause the subject property to be improved
in general conformance with the land uses and standards shown on Exhibit
II (Site and Stage Plan), attached hereto and hereby made a part hereof;
except as otherwise provided herein and as necessarily modified to solve
engineering,layout and design problems not reasonably foreseeable at the
time of the execution of this Agreement.
a. The Owner shall have the right to construct a maximum
of 704 multiple dwelling units shown in Stages 1 and 2 upon
the said Exhibit II (Site and Stage Plan), which buildings
shall not exceed six (6) stories or seventy (70) feet in height,
whichever is the lesser.
b. For each such stage I and 2, prior to the issuance of
building permits, the Owner may vary the apartment mix of the
proposed residential buildings as between studio, one -bedroom,
two-bedroom, and three-bedroom units in conformity with the
requirements of paragraph (C) "Standards" of the Planned
Unit Development Ordinance, as modified by this Agreement,
with the understanding that in no instance will the total
number of units proposed herein be increased and that the
total of three-bedroom units shall not exceed seventy (70)
in number, and that there will be no four bedroom units.
(c) With respect to the buildings shown on Exhibit II
(Site and Stage Plan), it is understood that the total number
of buildings may be decreased at the Owner's option, as econo-
mics may necessitate; provided that notwithstanding any reduc-
tion in the number of buildings as aforesaid, the Owner shall
continue to have the right to construct up to 704 multiple
dwelling units as set forth in this Agreement. It is further
understood that once the Plat. of Open Space Easement for any
stage has been recorded, as provided in paragraph 5 hereof,
upon completion of such stage of the Planned Unit Development
contemplated in this Agreement, as amended or modified from
time to time in accordance with applicable statutes and ordi-
nances, no additional buildings or additions thereto, may be
constructed within the area and territory in such stage then
designed as open space on such Plat of Open Space Easement.
4. That the Village will classify, under the provisions of its
zoning ordinance in the manner required by law, the subject property
into such zoning districts (as will accommodate such proposed uses) as
are shown on Exhibit III (Zoning Exhibit), attached hereto and hereby
made a part hereof; including the granting of such special use permits
or the approval of such planned unit developments as are necessary to ef-
fectuate the development of such land as herein provided substantially
in accordance with the Plan as shown on Exhibit II (Site and Stage Plan),
including without limitation, the following:
a. The Village will adopt a special use ordinance
pursuant to Section 5 of the Mount Prospect Zoning Ordinance
for the erection and construction of one (1) Central Recreational
Building, not to exceed 10,000 square feet in floor area, which
will house the following facilities and uses: leasing and
management offices, game rooms, sauna baths, exercise rooms,
meeting rooms, and dining facilities.
b. The Village will also grant special uses within that
area of the said Planned Unit Development zoned R-4, for speci-
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fied uses not permitted under the use regulations of the
R-4 District under the Mount Prospect Zoning Ordinance,
which special uses will allow the Owner to construct:
(i) An automobile service station located At the
intersection of Elmhurst Road (Illinois Route 83) and
Oakton Street;
(ii) A hotel containing 256 rooming units; and
normal accessory uses thereto;
(iii) A retail shopping center;
(iv) Office and financial buildings; and
(v) A recreational building.
5. That the Owner shall execute such public and common open
space easements and covenants in such form as the Village Attorney may
require which designate, with particularity, the land marked as recrea-
tional open space on Exhibit IV (Fire Lane and Recreational Plan), at-
tached hereto and hereby made a part hereof; with the object and purpose
that said land so designated be operated not-for-profit and be used for
the following purposes and none other: Landscape gardens -arboretums;
parks and playgrounds - public or private; tennis courts; swimming pools;
skating rinks and other athletic courts or fields; driveways; parking
areas for recreational facilities; public utility facilities and ease-
ments; lakes, storm water retention basins; and other accessory uses
incidental to the above including recreational structures. At the com-
pletion of construction within any stage shown on Exhibit II (Stage Plan),
the Owner will convey an easement of open space to the Village via a plat
of open space easement, which plat shall reflect the exact location of
buildings and structures within said stage and shall,indicate that all
other areas within the stage are easement areas for open space, and
which plat the owner and the Village shall jointly record with the
Cook County Registrar of Titles prior to the issuance of occupancy
certificates by the Village for any building(s) within said stage.
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6. That any future amendments or changes to building, housing,
subdivision, or zoning ordinances during the term of this Agreement
shall not apply to the subject property without the Owner's consent,
and further, the Village shall not interpret any such future ordinanccs
so as to provent commencement of construction of the bui1dings or the
development of the Plan by the Owner or its assignees, provided that
all plans meet the requirements of all applicable ordinances except
as may be modified by this Agreement.
7e That future amendments to the present Building and Zonino,,
Code in force as of this date, as well as to the laws relating to and
re,aiilating the construction of this planned unit development, shall not
apply to the subject property without the consent of the Owner, and
that in any event, should stop orders have to be issued, such future
amendments shall not be so interpreted that the subject property may
not be constructed in general accordance with the Plan, provided, how-
ever, that if there are changes of said laws and the same are less
restrictive in their application to other similarly situated property,
then the Owner shall be entitled to the benefit of the change if it
elects,
8. That the Village agrees to issue without undue delay necessary
permits for the construction and operation of the development as set
forth per stages as shown in the Stage Plan Exhibit (Exhibit II) so
that the Owner may develop the subject property at such densities, with
such mixtures of uses, at such building heights and per such other speci-
fication as are outlined in the Plan on said Exhibit II (Stage Plan).
9. That the Village shall not charge the Owner for building per-
mit or other fees necessary for the construction of the planned unit
development or portion thereof in an amount greater than those fees
presently charged under existing ordinances on the date hereof. ILith
respect to all other license or business license fees, however, the
Village agrees not to charge the Owner or occupants of premises located
within the planned unit development fees in an amount greater than those
fees charged other licensees in the Village at that date.
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10. That the V L lage will issue nu stop orders Jirect',:1g work
stoppage on buildings or parts of the project without detailing correc-
tive action necessary to be taken by the Owner and setting forth the
section of the Village Code violated by the Owner and the Owner may
forthwith proceed to correct such violations as may exist or take an
appeal as set forth in the Village Code.
11. That the Village will issue certificates of occupancy within
thirty (30) d-iys of application or to isst;e a letter of denial informing
the Owner as to what corrections are necessary as a condition to the
issuance of a certificate of occupancy and quoting the section of the
Code relied upon by the Village in its request for correction. Provided,
however, that completion of an entire building shall not preclude the
issuance of occupancy certificates for any finished floor, floors, or
portions thereof, not otherwise in conflict with Section 21.218 of the
Municipal Code of the Vitiage of Mount Prospect of 1957, as amended.
12. That the Village will require of the Owner sufficient storm
water storage on parking lots, roofs, and/or in a retention pond to
meet the requirements of Mount Prospect Vil_lag,e Ordinance No. 2317.
13. That, within sixty (60) days after applying f:;x its first
building permit, the Owner will provide, at no cost to the Village,
one (1) acre of land for the erection and installation of a one million
gallon or greater capacity lowhead water resevoir and/or water well,
which acre of land shall be located either on-site or at an off-site
location approved by the Village; in exchange for which acre of land
the Village agrees:
a. That the water rate charged to tt:e Owner shall be the
same as the minimum rate charged to other water users in the
Village, but that for the purposes of determining a minimum
charge to the Owner per quarter the minimum charge by ordinance
made to all other water users in the Village shall be multiplied
by the total number of dwelling units and commercial use occu-
pancies in the development;
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b. That at least fifteen (15) days and no more than
thirty (30) days prior to each of the existing quarterly
billing dates the Owner agrees to notify in writing the
Finance Department of the Village of Mount Prospect as to
any change in the number of actual individual users within
the Planned Unit Development, that is, the actual number of
dwelling units and commercial use occpancies.
14. That the Owner shall install and the Village shall receive
the ownership at no cost to the said Village of certain on-site sewer
and water lines, together with the necessary easements for access
thereto and maintenance thereof, as required to serve the project as
set forth in Exhibit V (On -Site Utilities) attached. However, the
diameters of the said water mains and lines shown on Exhibit V (On -Site
Utilities) will be changed in size as shall be necessary to meet the
following criteria:
a. Five thousand (5,000) gallons per minute (GPM)
at the hotel, office, and commercial complexes shown
upon Exhibit II (Site and Stage Plan);
b. Four thousand (4,000) gallons per minute (GPM)
for all six (6) story buildings shown upon Exhibit II
(Site and Stage Plan); and
c. Three thousand five hundred (3,500) gallons per
minute (GPM) at all four (4) story buildings shown upon
Exhibit II (Site and Stage Plan).
These fire demand flows are considered minimums and are to be measured
at the steamer outlets of individual fire hydrants with a ten (10) pound
residual pressure. Concurrent domestic consumption will be based on
one hundred (100) gallons per day per capita with a maximum pump pressure
of sixty (60) pounds per square inch measured at the proposed pumping
station to be located at Well No. 16, generally located in the vicinity
of Busse and Algonquin Roads. Any hotel units are to be included in
calculating the per capita consun;.tion.
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15. That the Owner shall install and the Village shall receive
the ownership of a certain outlet trunk storm sewer line as required
to serve the project as well as additional properties as set forth in
Exhibit VI (Off -Site Utilities) attached.
16. That the Owner shall install water main designated in Ex-
hibit VI (Off -Site Utilities) to the property line of the subject
property and convey ownership and title to said main to the Village.
Construction of said main shall meet the requirements of the Village,
and, furthermore, all costs of construction to the Owner not in excess
of $93,000.00, based upon waivers of lien, shall be allowed as an
off -set against building permit fees in order that the Village shall
be able to pay for the construction of said main as intended herein;
and in the event such building permit fees are insufficient to off -set
the said costs of construction not in excess of $93,000.00, the re-
mainder shall be paid the Owner by the Village within five (5) years
of the date of the completion of the installation or of the date of
this Agreement, whichever is the greater period of time.
17. That the Owner will install, and the Village will permit to
be installed, private roads per Village subdivision ordinances and
specifications as set forth in the Plan marked Exhibit II (Site and
Stage Plan); the same to be maintained by the Owner or its successor
in interest without expense to the Village.
18. That:the Owner will provide and the Village will allow the
following minimum numbers of 9'x19' automobile parking spaces:
a. 1.5 parking spaces for each multi -family unit;
b. 1 parking space for each 200 square feet of gross
floor area utilized for offices and/or banking -- pursuant
to Section 20 of the Mount Prospect Zoning Ordinance in
effect as of this date;
C. 1 parking space for each 300 square feet of gross
floor area utilized for reftail businesses;
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d. 1 parking space for each 100 square feet of floor
area utilized as public seating area in establishments dis-
pensing food or beverages for consumption of same on the
premises; and
e: 1 parking space for ea:.h hotel or motel unit;
19. That in order to safeguard the residents of multi -family
dwellings, the Owner agrees that it will install double or "jimmy -proof"
locks on all apartment unit entrance doors in subject buildings for
protection against burglary.
20. That in order to safeguard the water system of the Village of
Mount Prospect, the Owner will install BECO or equal anti -siphoning
devices within every building shown upon Exhibit II (Site Plan) in
excess of two (2) stories in height.
21. That construction in these stages set forth in Exhibit II
(Site Plan), or in any such given stage, may proceed provided public
improvements have been installed in said stage(s) in accordance with
National Fire Protection Association No. 241„ and further provided
that a security deposit has been made to the Village for the installa-
tion of said public improvements; provided further, however, that said
security deposit shall be returned to the Owner upon acceptance by the
Village of such public improvements, but that a security deposit equal
to fifteen percent (15%) of the cost of such improvements for each such
stage shall be retained by the Village for a period of twenty-four (24)
months after acceptance to guarantee such improvements. Such security
deposit may be a letter of credit acceptable to the Village.
22. That all provisions, conditions, and regulations set forth
in this Agreement and the Exhibits to which it refers shall supersede all
Village ordinances, codes, and regulations that are in conflict there-
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with as they may apply to the subject property. Where this Agreement
is silent, the Village ordinances shall apply and control.
23. That the Owner shall have the right not only to install
fences and commercial signs as per the ordinances of the Village in
effect as of date hereof, but shall also have the right to install fencEs
and signs as per Exhibit VII (Sign and Landscape Exhibit) attached
hereto and hereby made a part lereof.
24. That building permits shall be issued forthwith upon appli-
cation and submission of plans drawn in accordance with the Municipal
Code of Mount Prospect, provided, however, that appropriate provisions,
as herein provided, have been met to insure installation of public im-
provements.
25. That this Agreement shall be effective for a term of
five (5) years from date hereof and that thereafter all properties in
the Planned Unit Development shall become subject to Village ordinances.
This Agreement shall inure to the benefit of and be binding upon heirs
and successors and assigns of the Owner, the Village, its corporate
officials and successors in office, and be enforceable by order of
court pursuant to the provisions of the statutes made and provided.
Nothing herein shall in any way prevent alienation or sale of the sub
ject 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 now Owner shall be both bene-
fited and bound by the provisions, conditions, and restrictions herein
and therein expressed.
26. That in the event any provisions of this Agreement shall
be deemed invalid, then the invalidity of said provision shall not
affect the validity of any other provision hereof.
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It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding,
that each and all of the warranties, indemnities, representations, covenants, undertakings and agreements herein made on the part
of the Trustee while in form purporting to be the warranties, indemnities, representations, covenants, undertakings and agreements
of said Trustee are nevertheless each and every one of them, made and intended not as personal warranties, indemnities,
representations, covenants, undertakings and agreements by the Trustee or fot the purpose or with the intention of binding said
Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically
described herein, and this instrument is executed and delivered by said Trustee not in its own right, but solely in the exercise of
the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at
any time be asserted or enforceable against the Chicago Title and Trust Company or any of the beneficiaries under said Trust
Agreement, on account of this instrument or on account of any warranty, indemnity, representation, covenant, undertaking or
agreement of the said Trustee in this instrument contained, either expressed or implied, all such personal liability, if any, being
expressly waived and released.
FORM 11 R10-71
STATE OF ILLINOIS, 1 SS.
COUNTY OF COOK J
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY, that the above named Assistant Vice President and Assistant Secretary of
the CHICAGO TITLE AND TRUST COMPANY, Grantor, personally known to me to be the
same persons whose names are subscribed to the foregoing instrument as such Assistant
Vice President and Assistant Secretary 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 and voluntary act of said Company for the uses and purposes
therein set forth; and the said Assistant Secretary then and there acknowledged that said
Assistant Secretary, as custodian of the corporate seal of said Company, caused the corpo-
rate seal of said Company to be affixed to said instrument as said Assistant Secretary's own
free and voluntary act and as the free and voluntary act of said Company for the uses and
purposes therein set forth.
Given under my hand and Notarial Seal A PT, 2' 973 Date
Notary Public
Form 1329
IN WITNESS WHEREOF, the parties hereto have entered their hands
and seals, this _ ,day of 1973, the same being
done after public hearing, notice, and statutory requirements having
been fulfilled.
CHICAGO TITLE AND TRUST COMPANY,
as Trustee under Agreement dated
February 23, 1961, and known as
Trust No. 43076. An NOT FE2SONA7,LY
ATTEST: By:
ASST, VICE PR"
ASST. SECRET-IM
VILLAGE OF MOUNT PROSPECT, a Municipal
Corporation.of the State of Illinois
ATTEST: By:
. i age resi dent
7illage er
RESTRICTIVE COVENANTS
LINCOLN PROPERTY COMPANY NO.SS, a partnership, and'
LINCOLN-COLONY ASSOCIATES, a partnership, 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. LINCOLN PROPERTY COMPANY NO.SS and LINCOLN-COLONY
ASSOCIATES will maintain control of the Planned Unit Development
proposed on the property described as follows:
See Exhibit A attached hereto and by
this reference made a part hereof.
to guarantee development substantially in accordance with the
Planned Unit Development Ordinance No. 2424 approved by the
President and Board of Trustees of the Village of Mount Prospect
on May 1, 1973, for a period of eighteen (IS) months following
completion of said Planned Unit Development.
2. LINCOLN PROPERTY COMPANY NO.SS and LINCOLN-COLONY
ASSOCIATES does further covertant 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 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, LINCOLN PROPERTY COMPANY NO.SS and
LINCOLN-COLONY ASSOCIATES will cause a Plat of Open Space Easement
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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 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 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 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 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 parties hereto, including
the Village of Mount Prospect, to prosecute any proceedings 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.
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8. These covenants shall be binding upon and inure to
the benefit of the parties hereto, their successors and assigns.
IN \\TITNESS \\THEREOF, the pa~tTs hereto hav~ ,h~reZu~~:
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set their hands and seals this J. day of, ~., , 1973.
OWNER:
LINCOLN PROPERTY COMPANY NO.88,
a partnership
~~~
Brian P. Mahedy i?
A general partner
By:
ATTEST:
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(LZ_x_A'\).,;VL . ~ ~
OWN E R :
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LINCOLN-COLONY ASSOCIATES,
a limited partnership
By: 4lv.~~~
Brian P. Mahedy, ~
A general p~rtner
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ATTEST:
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VILLAGE OF MOUN~ PROSPECT, a municipal
corporation of the County of Cook and
State of Illinois
By:
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Village President
ATTES'}::
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Village Clerk /
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