HomeMy WebLinkAboutOrd 690 08/11/1959
ORDINANCE NO. 690
AN ORDINANCE CONSENTING TO THE ABROGATION
OF CERTAIN COVENANTS AFFECTING LANDS DE-
SCRmED HEREIN ADOPTED BY THE VILLAGE OF
Ml'. PROSPECT, COOK COUNTY, ILLINOIS
WHEREAS, heretofore by deed dated on or about October 14,
1958, registered in the Office of the Registrar of Titles of
Cook County, Illinois as Document No. 1841190 on January 26,
1959, THE EXCHANGE NATIONAL BANK OF CHICAGO, as Trustee under
Trust No. 5891, did convey the premises hereinafter described
to DOLORES MONCADA, and
WHEREAS, by deed dated October 14, 1958, and registered
in the said Registrar's Office as Document No. 1841191 on
January 26, 1959, DOLORES MONCADA conveyed said premises to
the EXCHANGE NATIONA~ BANK OF CHICAGO, as Trustee under Trust
No. 9173; said premises in both said deeoobeing described
as follows:
The East 527 feet of the South 1653.37 feet of
the East Half of the Southwest Quarter (measured
on the East line of said tract), of Section 35,
Township 42 North, Range 11, East of the Third
Principal Meridian in Cook County, Illinois,
and
WHEREAS, heretofore JACQUELYN J. JAHRLING did by quit
claim deed dated October 14, 1958, registered in said Registrar's
Office as Document No.184l200 on January 26, 1959, convey
the following described premises:
The South 1653.37 feet of the East Half of the
Southwest Quarter (t), (measured on the East
line of said tract) of Section 35, Township 42
North, Range 11, East of the Third Principal
Meridian (excepting from said tract that part
thereof described as follows: Commencing at
the Southeast corner of the Southwest Quarter
(t) of said Section 35, thence West along ~he
South line of the said Southwest Quarter (4)
for a distance of 1108.91 feet, thence North
(1)
along a line which makes an angle of 9000' with
the last described line for a distance of 33.0
feet to an intersection with the North line of
Central Road for a beginning; thence West along
the North line of Central Road to its intersec-
tion with a line drawn at right angles to the
South line of said Southwest Quarter (t) thru
a point on said South line 1318.91 feet West of
the Southeast corner of said Southwest Quarter
(i); thence North along said last described line
to its intersection with the southerly right-of-
way line of Rand Road (Route #12); thence South-
easterly along said Southerly right-of-way line
of Rand Road to its intersection with the West
line of Mt. Prospect Road extended North; thence
South 62.11 feet along said West line to the point
of beginning; and excepting from said tract that
part thereof which lies South of the Southerly
line of Rand Road and West of a line described
as beginning at a point on the South line of said
Southwest Quarter (t), 1318.91 feet West of the
Southeast corner of said Southwest Quarter (t);
running thence North along a line which makes an
angle of 900 with the South line of said Southwest
Quarter (Swt) to the Southerly line of Rand Road;
and excepting from said tract the East Five Hundred
Twenty-Seven (527) feet thereof),
A L S 0
The Southwest Quarter (k) of the Southwest Quarter
(t) of Section 35, Township 42 North, Range 11,
East of the Third Principal Meridian, (excepting
from said tract that part of the Southwest Quarter
(t) of the Southwest Quarter (i) lying West of
Rand Road) in Cook County, Illinois, and also ex-
cepting from said tract the West 193 feet of the
North Half of said Southwest Quarter (t) of South-
west Quarter (t) of said Section 35,
to ALFRED BUSSE and MARTHA BUSSE, his wife, and
WHEREAS, all of the aforesaid deeds contained the follow-
ing covenant:
In consideration of the zoning of the property
"B-I" by the Village of Mount Prospect, Cook
County, Illinois, pursuant to case No. 58-16,
it is agreed and covenanted in the event that
application shall not be made for a building
permit as hereinafter provided, and said build-
ing permit not issued prior to November 1, 1961,
then the owners of said land agree and consent to
any action taken by the Village Board of the
said Village of Mount Prospect to rezone said
land for the uses permitted under an "R-l"classi-
fication as set forth in the Zoning Ordinance
(2)
of the Village of Mount Prospect in effect as
of October 1, 1958; provided, however, that
such action by the Board of Trustees of the
Village of Mount Prospect shall be taken not
later than February 1, 1962, after which date,
if no such action is taken, this covenant
shall be void. Said application for a build-
ing permit shall be for the erection of a shop-
ping center substantially in accordance with
the plans submitted by the Petitioner at the
public hearing in said case No. 58-16 and on file
with the Village of Mount Prospect. Nothing
herein contained shall impair the right of the
owner or future owners of the land to apply to
the Village of Mount Prospect at any time for
variations, changes or amendments in the zoning
ordinances applicable to said land, or, in the
event said land is rezoned "R_ll1, to institute
such proceedings as they desire, to vary, alter
or amend the zoning laws or ordinances affecting
said land. The purpose of this covenant is
solely to permit the Village of Mount Prospect,
if it so desires, within the time limits above
set forth, to rescind the zoning granted pur-
suant to case No. 58-16 if a permit is not issued
as aforesaid,
and
WHEREAS, pursu~nt thereto the Registrar of Titles of
Cook County, Illinois, has caused to be placed Memorials on
certificates issued by said Registrar, including Certificate
NO.794887 and Certificate No. 719310 covering all of said
described property, referring to said covenants, and
WHEREAS, the corporate authorities of the Village of
Mt. Prospect, Illinois deem it to the best interests of said
Village that said covenant be abrogated and declared null
and void and expunged from the certificates aforesaid,
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY,
ILLINOIS:
SECTION 1:
That the Village of Mount Prospect does
hereby waive, release and relinquish any right, title or interest
in and to said covenant hereinabove described, or any part
(3)
thereof, or the enforcement thereof, and does hereby abrogate,
cancel and declare null and void and of no force and effect what-
soever, the aforesaid covenant and all provisions therein contained.
SECTION 2:
The Village of Mount Prospect, Illinois,
does hereby authorize and consent to the Registrar of Titles
of Cook County, Illinois, expunging from the outstanding certifi-
cates of title, being nos. 794887 and 719310, the Memorials
setting forth the covenant above referred to, and to issue
Certificates of Title from time to time covering said land, or
any part thereof, free and clear of said covenants or any part
thereof, or any reference thereto.
SECTION 3:
That the Village President of the
Village of Mount Prospect is hereby authorized and directed to
file, or cause to be filed, for registration with the Registrar
of Titles of Cook County, Illinois, a copy of this Ordinance,
certified as correct by the Village Clerk of the Village of
Mount Prospect, Cook County, Illinois.
SECTION 4:
That this Ordinance shall take effect
upon its passage and approval according to law.
PASSED this
//#
lilt
day of
day of
, 1959.
, 1959.
APPROVED this
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(4)