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HomeMy WebLinkAbout5. NEW BUSINESS 11/08/2006 MEMORANDUM Village of Mount Prospect Community Development Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER ~tl>. ~ tlI91()~ FROM: DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: NOVEMBER 3, 2006 RESTRICTNE COVENANT - STREET LIGHTS 510 E. RAND ROAD (HILL STREET NATURE CENTER) MT. PROSPECT PARK DISTRICT - APPLICANT DATE: The Development Code requires the Applicant to improve the right-of-way as part of the redevelopment of the Hill Street Nature Center. However, the existing streetlight system does not exist in this immediate area, therefore installing the streetlights at this time would not be practical. The Village Code has provisions for instances where this type situation arises and allows for the installation of the required improvement at a later date. Attached please find a copy of the Restrictive Covenant where the Applicant agrees to pay for the installation of the required streetlights when the Village requires such improvement. Please forward this memorandum and attachments to the Village Board for their review and consideration at their November 8, 2006 meeting. Staff will be present to answer any questions related to this matter. H:IPLANlMEMOSI2006 MemoslCovenant MEJ Memo (hill st nature center 510 E Rand Road).doc RESTRICTIVE COVENANT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AND THE MOUNT PROSPECT PARK DISTRICT REGARDING COMPLETION OF REQUIRED PUBLIC IMPROVEMENTS PERTAINING TO THE DEVELOPMENT OF SAID PROPERTY 510 EAST RAND ROAD (HILL STREET NATURE CENTER) WHEREAS, pursuant to the provisions of Chapter 16 entitled Construction Standards Site Improvement Procedures of the Village Code of Mount Prospect, Illinois certain public improvements are required to be constructed and installed by owners and developers of property within the Village, as part of the approval for the development of such property; and WHEREAS, the schedule for accomplishing the construction and installation of such public improvements by the owner-developer of the property under development is often in conflict with other public improvement projects adjacent to or within the vicinity of said property so as to render the accomplishment of such public improvements by the owner-developer to be practically or economically unfeasible until the same can be combined with or scheduled so as to conform with such other public improvements affecting the subject property under development; and WHEREAS, such other public improvement projects are administered by the Village, County or State, officials over which the owner-developer has no control, and in some instances those improvements to be accomplished by the owner-developer with respect to the property under development cannot be completed until the other improvements under Village, County or State control have been accomplished; and WHEREAS, under such circumstances, it is deemed to be inequitable to delay development of the property under development or to require the owner-developer to establish a cash escrow, letter of credit or improvement bond for the purpose of guaranteeing the completion of required public improvements due to the delay caused by the intervening or subsequent accomplishment of other public improvement projects under administration and control of the Village, County or State; and WHEREAS, Chapter 16 of the Village Code of Mount Prospect, Illinois provides that the owner-developer may execute a restrictive covenant to be recorded and to run with the land as a guarantee that the required public improvements shall be installed upon demand of the Village. NOW, THEREFORE, in accordance with the provisions of the said Chapter 16 of the Village Code of Mount Prospect, Illinois, the Mount Prospect Park District does hereby covenant with the Village of Mount Prospect, an Illinois municipal corporation, as follows: 1. The Mount Prospect Park District is the Owner and Developer of the following described property within the Village of Mount Prospect, Illinois, to wit: That part of the South Half of the Southeast Quarter of the Northeast Quarter of Section 34, Township 42 North, Range 11 East of the Third Principal Meridian, lying Northeast of the centerline of Rand Road (except the North 33.0 feet as measured at right angles to the North Line ofthe South Half of the Southeast Quarter of the Northeast Quarter of Section 34, aforesaid), also (except the South 374.0 feet as measured along the East line of said Northeast Quarter, aforesaid), and (except the East 200.0 feet lying North of the South 374.0 feet as measured along the East ling of said Northeast Quarter, aforesaid and South of the North 33.0 feet measured at right angles to the North Line of the South Half of the Southeast Quarter of the Northeast Quarter of Section 34, aforesaid) and (except that part taken for Rand Road), in Cook County, Illinois. Also: Lot 1 (except the South 10.00 feet thereof) and 2 (except the South 10.00 feet thereof) in Alma H. Mueller Subdivision of part of the Southeast Quarter of the Northeast Quarter of Section 34, Township 42 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded May 5, 1989, as Document No. 89203563, in Cook County, Illinois. 2. Development of the described property by the Mount Prospect Park District will include the completion of the following public improvements, to wit: To purchase and install street lights along the North Right of Way of Rand Road and/or the South Right of Way of Hill Street according to and as required by Village Code when requested to do so by the Village of Mount Prospect. 3. The Village is willing to forego the immediate installation of the street lights, provided that for a period of twenty (20) years commencing from the date hereof, the Village of Mount Prospect is authorized to undertake the above-stated improvements. The Park District shall, upon 60 days' written notice of the Village's estimated cost, post a cash escrow with the Village in the amount of 120% of the estimate. If the actual cost exceeds the Park District shall pay the difference to the Village upon demand. If, upon completion, funds remain in the escrow, such funds will be returned to the Park District. 4. This Covenant to complete the said public improvement as herein contained shall run with the said property; and for the period of time as set forth herein. Nothing in this Covenant shall in any way prevent the alienation or sale of the subject property or any portion thereof, except that said sale shall be subject to the provisions hereof and to the plan of development pertaining to the property, and the new owner shall be both benefited and bound by the conditions and restrictions herein expressed. 5. This Covenant shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns in title and interest and the provisions hereof shall be enforceable in a proceeding at law or in equity against the person or persons seeking to violate the same including an action for injunctive relief, specific performance or to recover damages or other fines and penalties as may be established in such violation. In the event that the Mount Prospect Park District fails to complete the required improvements or pay a proportionate share of the required improvements by other contractors within the specified time periods herein, the value of such improvements shall be entered as a lien against the property due and payable within sixty (60) days after notification to proceed with the improvements. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of ,20_ MOUNT PROSPECT PARK DISTRICT ~JL~ Chief Executive Officer /0 :l. ~ I)~ Date Signed VILLAGE OF MOUNT PROSPECT, IL Village President Date Signed ATTEST: Village Clerk RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A RESTRICTIVE COVENANT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE MT. PROSPECT PARK DISTRICT REGARDING COMPLETION OF REQUIRED PUBLIC IMPROVEMENTS PERTAINING TO THE DEVELOPMENT OF HILL STREET NATURE CENTER, 510 EAST RAND ROAD. MOUNT PROSPECT. ILLINOIS WHEREAS, pursuant to the provisions of Chapter 16 entitled Construction Standards Site Improvement Procedures of the Village Code of Mount Prospect certain public improvements are required to be constructed and installed by owners and developers of property within the Village, as part of the approval for the development of such property; and WHEREAS, in certain instances the installation of public improvements, including but not limited to street lights, are not feasible at the time of development, however the developer is required to provide those improvements as such time as the Village of Mount Prospect deems appropriate; and WHEREAS, the Mayor and Board of Trustees have determined that the best interests of the Village would be served by having the developer, Mt. Prospect Park District, enter into a Restrictive Covenant, a copy of which is attached and made a part of as Exhibit "A", guaranteeing the installation of specified improvements at such a time as deemed reasonable and proper. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the Mayor and Board of Trustees do hereby authorize execution of Restrictive Covenant, a copy of which Restrictive Covenant is attached and made a part of as Exhibit "A", for property commonly known as Hill Street Nature Center, 510 East Rand Road which Restrictive Covenant guarantees the installation of public improvements along Rand Road and Hill Street at such time deemed necessary. .SECTION TWO: That the Village Clerk is hereby directed to record with the Recorder of Deeds a fully executed copy of the Agreement being the subject of this Resolution. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: Passed and approved this 1 ih day of October 2006 Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\ClKO\files\WI N\RES\Restrictive Cov, H iIlStreetNatureCenter" 06.doc f\ MEMORANDUM Village of Mount Prospect Community Development Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER l>b. ~~ 1& Ie. 101D FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: NOVEMBER 3, 2006 SUBJECT: LONNQUIST BL VD RIGHT-OF -WAY DEDICATION CLEARWATER PARK (1717 LONNQUIST BLVD) MT. PROSPECT PARK DISTRICT - APPLICANT While working with a utility company on an improvement project, Village staff was made aware that the Lonnquist Boulevard right-of-way, in front of Clearwater Park, was not properly dedicated. Staff contacted the Mt. Prospect Park District and worked with their staff to prepare the attached Plat of Dedication. The Plat of Dedication completes the required right~of-way dedication for this portion of Lonnquist Blvd and has been prepared according to Village Codes. In addition to preparing the Plat of Dedication, Village staff worked with Park District staff to prepare an agreement to address the issue of the jogging path and parking area encroaching into the (proposed) Lonnquist Blvd right-of-way. The attached license agreement is similar to the previously approved license allowing the golf cart path along We-Go Trail within the right-of-way: the Village grants a non-exclusive license to the Mt. Prospect Park District to maintain the structures (a parking area and jogging path) for the benefit of the District and its patrons. The Park District will maintain the structures and will contact the Village before making any modifications to the structures. Please forward this memorandum and attachments to the Village Board for their review and consideration at their November 8, 2006 meeting. Staff will be present to answer any questions related to this matter. ,k H:\PLA!\'\MEMOS\2006 Memos\Covenant MEJ Memo (Lonnquist ROW dedication - Clearwater Park).doc Mount Prospect Director Glen R. Andler Deputy Director Sean P. Dorsey Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 October 4, 2006 Mr. Lou Ennesser Mount Prospect Park District 1000 West Central Road Mount Prospect, IL 60056 Re: Clearwater Park I Lonnquist Boulevard Dedication Dear Mr. Ennesser, It has come to the attention of the Village of Mount Prospect that the south half of the Lonnquist Boulevard Right-of-Way adjacent to Clearwater Park has never been dedicated for a Public Street. It is technically still part of the park even though it has been established and used as a Public Road for many years. The north half of the Lonnquist was dedicated as a 50' Right-of- Way in 1965. To clear this matter, the Village formally requests that the Park District dedicate the northern 50' of the Clearwater Park property to serve to complete the 100' right-of-way for Lonnquist Boulevard. The Village has prepared the Plat of Dedication and attached are 3 copies for your review. Upon completion of your review and approval, I will send the original Plat to you for the Park District Board's approval and signature. Upon dedication of the right-of-way, parts of the jogging path and the entire parking area along the south parkway of Lonnquist Boulevard will be within the newly dedicated right-of-way. Similar to the cart path along We-Go Trail within the right-of-way, it is the Village's understanding that the jogging path and the parking area will remain the Park District's to maintain. Attached for your review and approval are two copies of the Public Right-of-Way License for this section of Lonnquist Boulevard, which is similar to the recent Public Right-of- Way License executed for the Golf Course at We-Go Trail and Shabonee Trail. Thanks you for you assistance in this matter. If you have any questions, please feel free to contact me. Very truly yours" ~ . UID~Jj~ neer Cc: Michael E. Janonis, Village Manager Glen R. Andler, Public Works Director Donna M. Brown, Project Engineer H:\Engineering\Development\Reviews\ParkDistrict\Clearwater Park\Lonnq uistDedication \PkDistLt Phone 847/870-5640 Fax 847/253-9377 www.mountprospect.org ~ ~ ~ ~b ~E: (/)0 U~ ~~ ~ .~ ~o ~~ ~8 o~ ~~ z~ O~ ~z ~H ~Q U~ ~~ Q-=l ~~ O@ ~ ~;a 05 z ~~ ~ ~ :i'C~ _.- - . 0 "'1:- ..... ~o~.,; ~i~~ ,01: = :ii~ 5~&g 9 i =.0 ::'C~~ (:~~a lO:o ... ~ 50 ~g~N ~l~~ ~~:; ~ c~';~ .=~ .~~ M.c.5.... j:.t= !HI C!~"a 5 5il-;;iii: ~~~! ~!-:; ;a:~ ~~~~ ~ a:'t=E 3~i~ ... =- = ~<?~~ ;j~~ Q_tl"l ~~~] :I - C '" ~~i.i ~: ,00'09 I\'llVHSSn .os c '! :i c ;e "" ~ '" c '" ..; 1; " . ~ 1 '3'\ V N3'1J. VB ~ . ~ .. ~ ~ .. 4. c ~ i \.M = Q Q ~ E ii ~ ~ <.f) E j ~ ~ ~ " Ii 1M ~ ~ ~ ~ 11 " .. ~ ~ ,- .. C i Q i' ~ ,. .~ Q '" 3:NY! aOOi\:\.J.S3:~:J .. ... ~>c - == ~ ~ == o ~ .( ~ ..J ;:J o l:l:l .05 . ,00'0; . , .r-- J.\1f\'.i 3SSnU"4 Sl1 THIS DOCUMENT WAS PREPARED BY: Klein, Thorpe and Jenkins, Ltd. 20 North Wacker Drive, Suite 1660 Chicago, IL 60606 George A. Wagner, Esq. (OM #2881-5) AFTER RECORDING RETURN TO: RECORDER BOX 324 Above space for Recorder's Office PUBLIC RIGHT-OF-WAY LICENSE FOR PARKING AREA AND JOGGING PATH This License Agreement for Use of Village Right-of-Way is made and entered into as of this _ day of 200_, by and between the VILLAGE OF MT. PROSPECT, AN ILLINOIS MUNICIPAL CORPORATION ('Village") and the MT. PROSPECT PARK DISTRICT (District), an Illinois park district and unit of local government. The Village and the District are hereinafter sometimes referred to individually as a "Party" and together as the "Parties". RECITALS WHEREAS, the District owns, operates and controls a public park, commonly known as the Robert T. Jackson Clearwater Park (the "Park") in the Village of Mount Prospect, Illinois, as legally described on Exhibit A,; and iManage 180875 4 1 WHEREAS, the District maintains a parking area and jogging path along Lonnquist Boulevard from Crestwood Lane to Busse Road, and adjacent to the Park, which improvements extend onto the public right-of-way; and \WHEREAS, the Village is willing to license the District's use of those areas of the Village's Right-of-Way in which said parking area and jogging path are currently located, subject to and in accordance with the terms, provisions, and conditions of this Agreement, the Right-of-Way being depicted as the striped area on Exhibit Band generally described as follows: The north 50.00 feet of Lot 1 and the north 50.00 feet of Lot 3 in DIVISION OF THE LOUIS F. BUSSE FARM, being the Northeast Quarter, except the west 686.40 feet of the Northwest Quarter of the said Northeast Quarter of Section 15, Township 41 North, Range 11 East of the Third Principal Meridian and except Roads, according to the plat thereof recorded on April 9, 1936 as Document Number 11789762, all being in Cook County, Illinois. (the "Village's Right-of-Way"); and NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties hereto, it is agreed by and between the Village and the District as follows: 1. INCORPORATION OF PREAMBLES. The above and foregoing recitals are hereby incorporated the same as if set forth herein in full. 2. GRANT OF LICENSE. Subject to the terms and conditions of this Agreement, the Village hereby grants a non-exclusive license to the District to maintain a parking area and jogging path where presently located on the Village's Right-of-Way for the benefit of the District, its patrons, guests and invitees using the Park, said parking area and jogging path being located on the Village's Right-of-Way, as described above and depicted on Exhibit B. iManage 1808754 2 3. TERM. Unless earlier terminated in accordance with this Agreement, the term of this Agreement is fifty (50) years. The Village reserves the right to terminate this Agreement and the license granted hereunder for any reason in its sole and absolute discretion upon not less than one-hundred eighty (180) days advance written notice to the District. 4. MAINTENANCE OF RIGHT-OF WAY. The District's use of the Village's Right-of-Way shall be subject to the following maintenance requirement ("District maintenance") : a. The District shall not change the location of the existing parking area or jogging path without the prior written consent of the Village, which consent may be withheld at the Village's sole discretion. b. The District shall maintain and keep the parking area and jogging path in good repair, care for and maintain the lawn eRa trsss and pickup litter on the Village's Right-of-Way. c. Trees and shrubbery, located on the Village's Right-of-Way, shall not be removed without the express written consent of the Village, which consent may be withheld at the Village's sole discretion. 5. INDEMNIFICATION. The District hereby indemnifies and holds harmless the Village, its officials, employees, agents and representatives (the "Indemnitees") from and against any and all injuries, claims, losses, damages, liabilities or causes of action, including reasonable attorneys tees and court costs, paid or incurred by any ot the Indemnitees and arising from or related to injury or death of any person, or injury to or destruction of any property, real or personal, including the property of the Village, arising out of, connected with or in any way associated with the District's or its patrons', guests' or invitees' use of the Village's Right-ot-Way, at any type whatsoever, to the extent caused by or involving said parking area or jogging path, District maintenance, or iManage 1808754 3 the District, its patrons, guests or invitees, except to the extent such injuries, claims, losses, damages, or liabilities are caused by any negligent or willful act or omission of any of the Indemnitees. The indemnification contained in this Paragraph 5 shall survive termination of this Agreement. 6. INSURANCE: District shall procure and maintain in full force and effect throughout the term of this Agreement general public liability insurance and property damage insurance against claims for personal injury, death or property damage in any way related to District's use of the Right-of-Way under this License Agreement in the amount of $1,000,000.00 (one million dollars). District's insurance policy shall be primary to any insurance held by the Village. The Village shall be named as an additional insured on said insurance policy and shall receive certificates of such insurance from time to time upon written request to evidence that such insurance is in force. 7. DUE AUTHORITY. The District represents and warrants to the Village that it has the power and authority to execute this Agreement and when so executed this Agreement shall be a legal, valid and binding obligation of the District and shall not constitute a breach of any contract, obligation or agreement to which the District is a party or by which it is bound. 8. NOTICE. Notice as required in this License Agreement shall be given via U.S. mail as follows: If to District: Mount Prospect Park District 1000 West Central Road Mount Prospect, Illinois Attn: "'y../ A L -; En L. COol< (:Y'i'~ - ~ 55- S~ 90 phone If to Village: Village of Mount Prospect Attn: Michael Janonis Village Manager iManage 180875 4 4 50 South Emerson Street Mount Prospect, Illinois 60056 (847) 818-392-6000 - phone with a copy to: Klein, Thorpe and Jenkins, Ltd. Attention: Everette M. Hill, Jr. 20 North Wacker Drive Suite 1660 Chicago, Illinois 60606-2903 (312) 984-6468 - phone (312) 984-6444 - fax Either party may change its address for notice purposes by giving notice to that effect in the manner set forth herein, provided such change of address shall not be deemed received until actual receipt thereof by the addressee. Either party hereto may change the name(s) and address(es) of the designee to whom notice shall be sent by giving written notice of such change to the other party hereto in the same manner as all other notices are required to be delivered hereunder. 9. BREACH: In addition to any other provision in this License Agreement, Village and District shall have all remedies, at law or in equity, in order to enforce the terms of this License Agreement. 10. MISCELLANEOUS. a. This Agreement contains the entire contract between the Parties with respect to the subject matter contained herein and cannot be modified except by a written instrument subsequently executed by the District and the Village. b. This Agreement does not convey to, or create in favor of, the District, any legal or equitable title or property interest, in whole or in part, to or in the Village's Right-of-Way, it being acknowledged that this Agreement is not a lease and merely grants permission to the District, its patrons, guests, and iManage 1808754 5 invitees who use the Park to use those parts at the Village's Right-at-Way licensed hereunder, on the terms and conditions herein contained. c. This Agreement is not assignable. d. The District acknowledges and agrees that the Village may perform any public services on the Right-at-Way and the District hereby releases the Village trom any and all damage or liability that may result trom such public service, including, but not limited to, damage to any or all at the parking area or jogging path. 11. RECORDATION: This License Agreement shall be recorded against the Park at District's cost and expense. IN WITNESS WHEREOF, the District and the Village have executed this License Agreement by and through their respective duly authorized officers effective the day and year tirst above written. VILLAGE OF MOUNT PROSPECT, AN ILLINOIS MUNICIPAL CORPORATION By: Name: Irvana K. Wilks, Village President DISTRICT: MOUNT PROSPECT PARK DISTRICT, ;~k4b- Title: President, Board of Park Commissioners VILLAGE: ATTEST: ATTEST: ... By: Name: M. Lisa Angell, Village Clerk By: Name: I ecretary, Board of Park Commissioners [Place Village Seal Here) iManage 1808754 6 STATE OF ILLINOIS ) ) ss. COUNTY OF COOK } I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that IRV ANA K. WILKS and M. LISA ANGELL, are personally known to me to be the VILLAGE PRESIDENT AND VILLAGE CLERK, respectively, of the VILLAGE OF MOUNT PROSPECT, AN ILLINOIS MUNICIPAL CORPORATION (the "Village") and also known to me to be the same persons whose names are subscribed to the foregoing instrument and as such Village President and Village Clerk, appeared before me this day in person and severally acknowledged that as such Village President and Village Clerk, they signed and delivered the said instrument pursuant to the authority given by the Village's Board of Trustees, and as their free and voluntary act, and as the free and voluntary act and deed of the Village, for the uses and purposes therein set forth, and that Village Clerk, as custodian of the corporate seal of the Village, has caused the seal to be affixed thereto. GIVEN UNDER my hand and Notarial Seal this day of ,200_. Notary Public STATE OF ILLINOIS ) ) ss. COUNTY OF COOK } \, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that.J'i"cWlt:: s A. GR.AU~S' and 'TOi4-rV 6. E ILE=Q.i I\l~ ,are personally known to me to be the PRESIDENT, BOARD OF PARK COMMISSIONERS and SECRETARY, BOARD OF PARK COMMISSIONERS, respectively, of the MOUNT PROSPECT PARK DISTRICT, AN ILLINOIS PARK DISTRICT ("District") and also known to me to be the same persons whose names are subscribed to the foregoing instrument and as such President and Secretary of the Board of Park Commissioners, appeared before me this day in person and severally acknowledged that as such District President and Secretary they signed and delivered the said instrument pursuant to the authority given by the Board of Park Commissioners, and as their free and voluntary act, and as the free and voluntary act and deed of the Board of Park Commissioners, for the uses and purposes therein set forth. GIVEN UNDER my hand and Notarial Seal this .2S~ day of Oe.t""CB FIJ.. ,200". ~~. .52.. ~a/JA- Notary Public .....'(. OFFICIAL SEAL ~ LOIS t. KAZAN I NOTARY PUBUC, STATE OF IlliNOIS 'M ttf COMMISSIO!4",~~~!~~~,~:~~.. I a 7 EXHIBIT A legal Description of Robert T. Jackson Clearwater Park Lot 1 and Lot 3, except for the north 50.00 feet thereof, in DIVISION OF THE LOUIS F. BUSSE FARM, being the Northeast Quarter, except the west 686.40 feet of the Northwest Quarter of the said Northeast Quarter of Section 15, Township 41 North, Range 11 East of the Third Principal Meridian and except Roads, according to the plat thereof recorded on April 9, 1936 as Document Number 11789762, all being in Cook County, Illinois. iManage 1808754 8 EXHIBIT B Drawing and Legal Description at Right-at-Way The north 50.00 feet of Lot 1 and the north 50.00 feet of Lot 3 in DIVISION OF THE LOUIS F. BUSSE FARM, being the Northeast Quarter, except the west 686.40 feet of the Northwest Quarter of the said Northeast Quarter of Section 15, Township 41 North, Range 11 East of the Third Principal Meridian and except Roads, according to the plat thereof recorded on April 9, 1936 as Document Number 11789762, all being in Cook County, Illinois. iManage 1808754 [SEE ATTACHED DRAWING] 9 LONNOUIST BOULEVARD IN THE ViLLAGE 01' MOUNT PROSIJECT II,. N",II, 5Il.1NII.~1 ..I'I~,' I ".,It"" N..,-II,!II.IHllcol IIf 1...'.\ i.. ,""'I~ltlN 111'-1'111( I.nutS 1'.llUSSt: "AnM. 11<'''1: ,I.. N...n...,.., ~}"""'n. uc<l'1 .h. W.., (iM,.Ull<<1 .,1 'h. N,,,-'''''''' .N"""'..... ...1,1 N",.h.".1 IJ"...... ,,' S"",ll,,,, I~ ..'....".Iol.. A' N.."h. ll,,"~. II t;;." ,,'ISo. "th...l'I"-'K'-'I","U.,;,Ii"" "old co.rl'lltt'..d... ..<.."ll,,~ ,,, '10", I'"'' Ih..-."','o."..I<.I",, "1,,01':1. I?~(' '.. U,,,""'"I\II'\h,mh..' 1I:nl'I1(,Z"dll..,,1C i,,';""" t;""..I"Il11....lo. _Jil- EXI-IlBIT B lL . __-_.,___.1 ! ...; '" ~ U ~r'>I ~ 0 b ..... f:: o u . : I\USSf.I' J\1\M .1..."" tOUIS 1. RESOLUTION NO. A RESOLUTION APPROVING A PLAT OF DEDICATION FOR PROPERTY LOCATED AT LONNQUIST BOULEVARD FROM CRESTWOOD LANE TO BUSSE ROAD (CLEARWATER PARK,) WHEREAS, Petitioner, the Mount Prospect Park District, has requested the Corporate Authorities of the Village of Mount Prospect to dedicate certain of its property, located at Lonnquist Boulevard from Crestwood Lane to Busse Road (adjacent to Clearwater Park), as public right-of-way; and WHEREAS, the Corporate Authorities of the Village, after due consideration, have determined that it is in the best interest of the Village and its residents to dedicate such property and to approve and appropriately record the attached Plat of Dedication. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The dedication of the right-of-way is hereby granted for the property lying along Lonnquist Boulevard from Crestwood Lane to Busse Road, and the Plat of Dedication attached to this Resolution as Exhibit "A" is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into, and made a part of, this Resolution. SECTION TWO: That the President and Clerk of the Village be and are hereby authorized and directed to sign said Plat of Dedication on behalf of the Village. SECTION THREE: That the Village Clerk is hereby directed to take the necessary steps to record a certified copy of this Ordinance and the attached plat with the Cook County Recorder of Deeds. SECTION FOUR: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this _ day of November 2006. ATTEST: Irvana K. Wilks Mayor M. Lisa Angell Village Clerk H:\CLKO\files\WI N\RES\PlatofDed ication, clea rwaterpark171710n nquistnov2006 .doc ~ RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE MOUNT PROSPECT PARK DISTRICT LICENSING THE USE OF CERTAIN PUBLIC RIGHT-OF-WAY ALONG LONNQUIST BOULEVARD, FROM CRESTWOOD LANE TO BUSSE ROAD, ADJACENT TO CLEARWATER PARK, FOR A PARKING AREA AND JOGGING PATH WHEREAS, the Mount Prospect Park District (the "District") owns, operates and maintains Clearwater Park, 1717 Lonnquist Boulevard, in the Village of Mount Prospect; and WHEREAS, the District maintains a parking area and jogging path which extends onto portions of the Village's right-of-way on Lonnquist Boulevard from Crestwood Lane to Busse Road; and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Village of Mount Prospect that it is in the best interests of the Village to enter into an agreement with the District, licensing the District's use of that certain public right-of-way for the purpose of the District's continued operation of Clearwater Park. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Mayor is hereby authorized to sign and the Clerk is authorized to attest her signature on the Public Right-of-Way License For Parking Area and Jogging Path, attached hereto and incorporated herein as Exhibit "A". SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this _ day of November 2006. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:IG ENI!i! eslWINIRESlAuth agrmt,VOMPandmtprospectparkdistricttnov2006 c RESOLUTION NO. A RESOLUTION AUTHORIZING ENTRY INTO AN AMENDED AGREEMENT FOR NORTHWEST CENTRAL DISPATCH SYSTEM WHEREAS, the President and Board of Trustees of the Village of Mount Prospect previously authorized entry of said Village into an Agreement to provide for and maintain a Central Emergency Dispatch operation known as Northwest Central Dispatch System, hereinafter referred to as "NWCDS"; and WHEREAS, NWCDS has proven successful in providing emergency communications services to the Village of Mount Prospect police and fire departments; and WHEREAS, the Village of Schaumburg has made application for membership in NWCDS; and WHEREAS, the NWCDS Board of Directors has unanimously recommended approval of the membership request of Schaumburg; and WHEREAS, it is believed, the inctusion of an additional community in the System will prove beneficial to both the System and the Village of Mount Prospect; and WHEREAS, the addition of new members to NWCDS requires approval of an amended Venture Agreement. NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Mount Prospect, pursuant to Article VII, Section 10 of the 1970 Constitution of the State of Illinois and the Intergovernmental Cooperation Act, 5 ILCS 220/1 through 5 ILCS 220/9: SECTION ONE: That the Board of Trustees do hereby authorize the Village of Mount Prospect to enter into an amended Agreement for Northwest Central Dispatch System which provides for the addition of the Village of Schaumburg to NWCDS. SECTION TWO: That the President is authorized to sign the agreement, being the subject of this Resolution, a copy of said agreement being attached and made a part of as Exhibit "A". SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of 2006. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\RES\NWCentraIDispatchamendedagreementRESnov2006.doc 1> RESOLUTION NO. A RESOLUTION APPROVING AN ADDENDUM OF NEW MEMBERSHIP IN THE NORTHWEST CENTRAL 9-1-1 SYSTEM WHEREAS, the President and Board of Trustees of the Village of Mount Prospect previously authorized entry of said Village into an Agreement to provide for and maintain a joint Enhanced 9- 1-1 System known as Northwest Central 9-1-1 System, referred to as "the 9-1-1 System"; and WHEREAS, the Village of Schaumburg has made application for membership in the 9-1-1 System; and WHEREAS, the 9-1-1 System Board of Directors has unanimously recommended approval of the request for membership made by Schaumburg; and WHEREAS, it is believed, the inclusion of an additional community in the 9-1-1 System will prove beneficial to both the 9-1-1 System and the Village of Mount Prospect; and WHEREAS, the new member has agreed to: 1. provide funds for its proportionate share of the cost of operation of the 9-1-1 System; and 2. provide all necessary funds required to add or modify hardware and/or software in order to accommodate the operational needs of the new member and to pay a proportionate share of normal 9-1-1 operational expenses; and 3. pay a proportionate share of debts and liabilities which may be incurred after the effective date of membership; and WHEREAS, the addition of new members to the 9-1-1 System requires approval of an Addendum of New Membership. NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Mount Prospect, pursuant to Article VII, Section 10 of the 1970 Constitution of the State of Illinois; the Emergency Telephone System Act, 50 through ILCS 750/0.01 et seq.; and the Intergovernmental Cooperation Act, 5 ILCS 220/1 through 5 ILCS 220/9: SECTION ONE: That the Village Board of Trustees authorizes the Village of Mount Prospect to enter into an Addendum of New Membership which provides for the addition of the Village of Schaumburg to the 9-1-1 System. SECTION TWO: That the President is authorized to sign the agreement, being the subject of this Resolution, a copy of said agreement being attached and made a part of as Exhibit "A". SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of 2006. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :\C LKO\files\WI N\RES\NWCentraIDispatchamendedagreementRESnov2006.doc IS Mmmt Prospect Village of Mount Prospect Mount Prospect, Illinois ~ INTEROFFICE MEMORANDUM PURPOSE: To present for the Board's consideration an ordinance increasing the Village's water and sewer rates. TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF FINANCE DATE: NOVEMBER 3, 2006 SUBJECT: WATER AND SEWER RATE INCREASE BACKGROUND: Since 1990 the Village has followed the practice of approving moderate annual increases in water and sewer rates, as opposed to implementing large increases periodically. The 2007 Budget included an anticipated 5% increase in water and sewer rates. The Village completed a water rate study in August 2005 which established a proposed schedule for increasing the combined water and sewer rate by 5% each January 1 until 2009 when a follow-up rate study will be performed. DISCUSSION: The following table illustrates the recommended rates as reflected in the proposed ordinance. Current Rate Proposed Rate Percent Inside Village Per 1,000 Gallons Per 1,000 Gallons Change Water $4.09 $4.29 4.9% Sewer $1.32 $1.39 5.3% Combined $5.41 $5.68 5.0% Current Rate Proposed Rate Percent Outside Village Per 1,000 Gallons Per 1,000 Gallons Change Water $8.18 $8.58 4.9% Sewer $1.32 $1.39 5.3% Combined $9.50 $9.97 5.0% For Village sewer users not connected to the Village's water system, the monthly charge per dwelling unit would be $3.71, an increase of 5.0% over the current rate of $3.53. No increase is proposed for the $5.00 per month sewer construction fee. Water and Sewer Rate Increase November 3, 2006 Page 2 If a Mount Prospect household uses 15,000 gallons of water over a two-month period, their bimonthly water and sewer usage fee would be $95.20, an increase of $4.05. No increase is being proposed for the monthly availability charge assessed customers outside of Special Service Area No.5. For most customers, those with a 5/8" water line, the charge will remain at $10. RECOMMENDATION: It is recommended the Village Board approve the attached ordinance increasing water and sewer rates effective for bills rendered on or after January 1, 2007. o~~~ ~ DAVID O. ERB DIRECTOR OF FINANCE DOE! 1:\Water & Sewer\Board Memo - November 2006.doc ORDINANCE NO. AN ORDINANCE TO AMEND WATER AND SEWER RATES SET FORTH IN APPENDIX A, DIVISION II OF THE VILLAGE CODE NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That Section 22.504.2 entitled "Water Rates" of Appendix A, Division II of the Village Code, as amended, is hereby further amended in its entirety; so that hereinafter said Section 22.504.2 of Appendix A, Division II shall be and read as follows: " Sec. 22.504.2 WATER RATES: A. All Village users within the village, having a direct or indirect connection with village water mains or pipes: $4.29 per 1,000 gallons of water consumed or portion thereof. All village users outside the corporate limits of the village having a direct or indirect connection with village water mains or pipes: $8.58 per 1,000 gallons of water consumed or portion thereof. All village users located outside the boundaries of Special Service Area Number 5 shall pay an additional monthly availability charge based upon the.size of the water meter as follows: 5/8 inch meter % inch meter 1 inch meter 1 Yz inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 inch meter $ 10.00 $ 15.00 $ 30.00 $ 50.00 $ 90.00 $150.00 $250.00 $475.00 $990.00 B. Hook-up charge for water furnished by the truckload: $10.00." SECTION TWO: That Section 22.504.3 entitled "Sewer Rates" of Appendix A, Division II of the Village Code, as amended, is hereby further amended in its entirety; so that hereinafter said Section 22.504.3 of Appendix A, Division II shall be and read as follows: " Sec.22.504.3 SEWER RATES: C. All village sewer users within the corporate limits of the village having a direct or indirect connection with the village sewer and water mains or pipes: $1.39 per 1,000 gallons of water consumed or portion thereof. F All village sewer users within the corporate limits of the village having a direct or indirect connection with the village's sewer mains or pipes and not with the village water mains or pipes: $3.71 per month per dwelling unit. All village sewer users outside the corporate limit~ of the village having a direct or indirect connection with the village's water and sewer mains or pipes: $1.39 per 1,000 gallons of water consumed or portion thereof. All village sewer users outside the corporate limits of the village having a direct or indirect connection with the village's sewer mains or pipes, but not with village water mains or pipes: $3.71 per month per dwelling unit." SECTION THREE: That the fees set forth in this Ordinance shall be applied to all water and sewer bills rendered on or after January 1,2007. SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2006. Irvana K. Wilks, Village President ATTEST: M. Lisa Angell, Village Clerk