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HomeMy WebLinkAboutOrd 2370 08/15/1972 ." , " ORDINANCE NO~. _2370 " 'AN ORDINANCE PROVIDING FOR THE PLANNED UNIT DEVELOPMENT OF PROPERTIES LOCATED WEST OF BUSSE ROAD AND SOUTH OF . ~. . , . , , , " CUARLOTTE ROAD 'EXTENDED t~' WHEREAS, the Plan Commis'sion of the Village of Mount Prospect di'd herete. fore conduct a public hearing under Case No. 72-13P on June 16, 1972, at the hour of 8: 00 P.M., pursuant to a" request for a special use in the na- ture of a planned unit development; and WHEREAS, a notice of the aforesaid public hearing was made in the man- ner! provided by law and published in the June 2~ 1972 edition 6f a news. paper of general circulation within the Village of Mount Prospect; and WHEREAS, the Plan Commission recommended that the development proposed during the course of said hearing be ~uthorized; and " " WHEREAS, the President and Board of Trustees of the Village of Mount Prospect on August 1, 1972, did hold a pre-annexation hearing in the manner provided by law, regarding the aforementioned request for a planned unit development; and ""' WHEREAS, the President ,and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect will be attained by the adoption of the Plan Commission's re- commendation under Case No. 72-13P regarding the subject property; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed and approved Resolution No. ,19-72 authorizing the annexation and development of the ,subject property as a planned unit de- velopment; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: " SECTION ONE: That a special use permit be and is hereby granted to allow Bertram A. Lewis, Harvey B. Lewis and J. Laurence Kleinfeld; or their as. signees, to construct a planned unit development upon the following des~ cribed property: ' ' The South 10 acres of the Southeast 1/4 of the ' Northeast 1/4 of Section 22, Township 41 North, " "Range 11 East of the Third Principal Meridian , (except the West 210.0 feet thereof and also ex- cept the East 50.0 feet thereof) also The South 5 acres of the North 10 acres of the South 20 acres of the Southeast 1/4 of the North. east 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian (except the West 210.0 feet thereof and also except the East 50.0 feet thereof) also That part of the North 5 acres of the South 20 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22. Township 41 North, Range 11 East of the Third Principal Meridian, bounded by a line described as follows: Be- ginning at a point on the East line of said tract at a point 121.89 feet South of the North line of said tract; thence West 772.0 feet on a line parallel with the North line of said tract; thence South 42.32 feet to a point on the South line of said tract; thence East 772.0 feet paral- lel with the North line of said tract to a point on the East line thereof; thence North to the place of beginning. (except the East 50.0 feet thereof). all in Cook County. III i no is. ~3'o <:ri N - 2 -. . , A Plat subdividing the subject tract is attached hereto and made a part hereof as Exhibit A; and which subdivision in accordance with the special use permit granted herein shall not be re-subdivided hereafter. SECTION TWO: That the planned unit development hcrein and above authori- zed and permitted shall be constructed pursuant to the terms set forth in an annexation agreement between Bertram A. Lewis, Harvey B. Lewis, and J..Laurence Kleinfeld, or their assigneest ~nd the VIllage of Mount Prospect, which annexatIon agreement, entered Into and executed August 15, , 1972, is attached hereto and hereby made a part hereof as Exhibit B. SECTION THREE: That the Director of Building and Zoning of the Village of Mount Prospect is hereby authorized to issuc, upon proper application, such building permits as may be required for the said planned unit develop' ment, the construction of which shall be governed by the terms of the said annexation agreement, Section 5.1 ~f the Mount Prospect Zoning Ordinance, this ordinance herein, and all other applicable ordinances of the Village of Mount Prospect. SECTION FOUR: That as each stage of development is completed and occu- pancy certificates are issued for all of the residencies in such stage, Bertram A. Lewis, Harvey B. Lewis and J. Laurence Kleinfeld, or their assignees, will cause a Plat of Open Space Easement to be delivered to the Village of Mount Prospect. A. I These plats shall be recorded and shall contain such wording sufficient to permanently guarantee the open space as shown on such easement in accordance with the said planned unit devclopment' and any amendments thereto. 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 FIVE: That this ordinance together with all its exhibits and plans shall be recorded in the Office of the Recorder of Deeds of Cook County, Illinois up6n completion of the planned unit development herein; and the Restrictive Covenants contained in Exhibit C hereto shall be re- corded immediately upon the execution thereof and the passage and approval of this ordinance. SECTION SIX: That this ordinance shall be in full force and effect from and after its passage, approval~ and publication in a manner provided by 1 and the recording of the Restrictive Covenants which shall. enure to and be for the benefit of the Village of Mount Prospect and WhICh covenants are attached hereto as Exhibit C; said covenants guaranteeing among other things: (1) the development'of the subject property in accordance with the planned unit development herein; (2) the continued main~enance an~ protection of all public open space.and common o~en space WIth the sald planned unit development; (3) the rIght ?f the V~lla~e of Moun~ Pros~ec~ to enforce said covenants by any approprIate actlon In law or ln equIty~ and (4) the guarantee of the Owner that ~ommon ownership or cont~ol shall extend to all portions of the planned unI~ de~elopment f?r a pC~lod of not less than eighteen (18) months follOWIng Its completIon, whIch C?mffiOn ownership or control shall extend to all common open space, landscapIng, exterior maintenance, and all other exterior aspects of the development for a period of not less than twenty (20) years. AYES: 5 NAYS: 0 PASSED AND APPROVED this 15th PASS: 1 day of August , 1972. ~~J l11age President ATTES~: //,J 2[;h~0/ .~~-vcL~ > Village Clerk /~'!'::<"", 9(P9-- g. CO",7 J. , u ....J(Jt" I.,11j7A ~ ';;J- ~i ~C RESTRICTIVE COVENANTS PHILLIP GR~NDINETTI, JR., or his assignees, in accordance .. with the provisions of Sec. 5.1 of the Zoning Ordinance of the Village of t,;ount 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. PHILLIP GRANDINETTI, JR., or his assignees, will maintain control of the Planned Unit Development proposed on the property described as follows: The South 10 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11, East of the , Third Principal Meridian (except the West 210.0 feet thereof and also except the East 50.0 feet thereof) also The South 5 acres of the North 10 acres of the South 20 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian (except the West 210.0 feet thereof and also except the East 50.0 feet thereof) also That part of the North 5 acres of the South 20 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, bounded by a line described as follows: Beginning at a point on the East line of said tract at a point 121.89 feet South of the North line of said tract; thence West 772.0 feet on a line parallel with the North line of said tract; thence South 42.32 feet to a point on the South line of said tract; thence East 772.0 feet parallel with the North line of said tract to a point on the East line thereof; thence North to the place of beginning, (except the East 50.0 feet thereof), all in Cook County, Illinois; to guarantee development substantially in accordance with Planned Unit Development Ordinance No. 2370 approved by the President and Board of Trustees of the Village of r.=ount Prospect on August 15th , 1972, for a period of eighteen (18) months following completion of said Planned Unit Development. 2. PHILLIP GRANDINETTI, JR., or his assignees, do(es) further covenant tha t for a period of tv.renty (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 ~reas, 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 ."""'~""-. -2- 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, PHILLIP GRANDINETTI, JR., or his assignees, will cause a Plat of Open Space Easement to be delivered to the Village of Mount Prospect for recordation, which, by said Plats, it is intended to permanently guarantee open space substantially in accordance with said approved Plan Unit Development and any amendments thereto. Said Plats 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 lando\vners 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 Pla~~ed Unit Development Ordinance of the Village of Mount Prospect and the new O\~ler 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 Eount 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 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 damanges or other dues for such violation. ~""""~""="~~'''''''''"''S:'''"'''''''''''''''''''''''''''''''''<4'r'',,,,,::'W=,,,.........,",,~..W'';;;,'t-';l.==""'~'=.""-"""'~~"""""'"}<);...~"________~_~_~"'''''''~'''''.~''_''~'>'.'~;;...,.~,,_~.,_.~__._.__ ,,-~~, -)- 9.n G'9",n .' J;0 o:92;~ J~J 8. These Covenants shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. VILLAGE OF MOtJNT PROSPECT BY'~&~~ President ATTEST: ~-\~..1+