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HomeMy WebLinkAboutOrd 4481 10/20/1992 ORDINANCE NO. 4481 AN ORDINANCE GRANTING MODIFICATIONS FROM THE DEVELOPMENT CODE (CHAPTER 16) FOR PROPERTY COMMONLY KNOWN AS 805 AND 807 EDGEWOOD LANE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 20th day of october, , , 1992 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the ,2~S~ day of October , 1992. CAF/ 10/14/92 ORDINANCE NO. 4481 AN ORDINANCE GRANTING MODIFICATIONS FROM THE DEVELOPMENT CODE (CHAPTER 16) FOR PROPERTY COMMONLY KNOWN AS 805 AND 807 EDGEWOOD LANE WHEREAS, Gettysburg Development Corporation (hereinafter referred to as Petitioner) has requested modifications from the Development Code (Chapter 16) of the Village of Mount for property commonly known as 805 and 807 Edgewood Lane (hereinafter referred to as Subject Property) and legally described as follows: Lots 1 and 2 in Preskis Resubdivision, being a resubdivision in the Northwest Quarter of Section 14, Township 41 North, Range 11, East of the Third Principal Meridian, Cook County, Illinois and WHEREAS, the Petitioner is requesting the following modifications from the Development Code, in conjunction with the creation of a 2 single family lot subdivision: 1. To allow a lot depth of 119.32 feet, rather than the required 120'; and 2. To waive the requirement for installation of the following public improvements: public sidewalks; curb and gutter; required street width and paving; and, street lights. WHEREAS, the Plan commission of the Village of Mount Prospect did consider the proposed modifications from the Development Code (Chapter 16) for the Subject Property at their regular meeting on August 19, 1992 and September 16, 1992; and WHEREAS, the Plan Commission has forwarded its recommendations relative to the modifications requested herein to the President and Board of Trustees of the Village of Mount Prospect. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the recitals set forth hereinabove are incorporate herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That the President and Board of Trustees of the Village of Mount Prospect do hereby grant to the Subject Property the following modifications from the Development Code (Chapter 16): 1. To allow a lot depth of 119.32 feet, rather than the required 120'; and 2. To defer the installation of the following public improvements: public sidewalks; curb and gutter; required street width and paving; and, street lights, subject to the Petitioner executing a Restrictive Covenant guaranteeing the installation of such improvements at such as the Village determines appropriate. SECTION THREE: This Ordinance shall be in full force and effect odifications 805 & 807 Edgewood Lane Page 2 of 2 from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Clowes, Corcoran, Floros, Hoefert, Wilks NAYS: None ABSENT: Busse PASSED and APPROVED this 20th day of October, 1992. Village President ATTEST: Carol A. Fields Village Clerk RESTRICTIVE COVENANT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AND THE OWNER-DEVELOPER OF CERTAIN PROPERTY WITHIN SAID VILLAGE REGARDING COMPLETION OF REQUIRED PUBLIC IMPROVEMENTS PERTAINING TO THE DEVELOPMENT OF SAID PROPERTY 805 and 807 Edgewood Lane WHEREAS, pursuant to the provisions of Chapter 16 entitled "Development" 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 guaran- teeing 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 in lieu of a cash escrow, letter of credit or development bond, 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 completed with respect to the property under development. 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 owner-developer of the subject property 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 2~"~ day of O¢?~j ¢~ , 19 ?2. , OWNER-DEVELOPER OWNER-DEVELOPER 'VI! .LAGE CI.F. RK Real Estate Index No. 08-14-105-502 - 3 -