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Home My WebLink AboutOrd 4243 10/02/1990 ORDINANCE NO. 4243 AN ORDINANCE MODIFYING SECTIONS OF CHAPTER 16 ENTITLED "DEVELOPMENT CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT FOR PROPERTY COMMONLY KNOWN AS THE MOUNT PROSPECT PLAZA (WAL-MART) PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 2nd day of October , 1990 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 4th day of October , 1990. CAF/ 9/12/90 ORDINANCE NO. 4?43 AN ORDINANCE MODIFYING SECTIONS OF CHAPTER 16 ENTITLED "DEVELOPMENT CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT FOR PROPERTY COMMONLY KNOWN AS THE MOUNT PROSPECT PLAZA (WAL-MART) WHEREAS, Western Development Corporation has requested modifications from the Development Code (Chapter 16) of the Village of Mount Prospect pertaining to requirements for parkway trees, proximity of storm water detention facilitites to structures and the installation of street lighting in conjunction with the construction of a Wal-Mart Store to be located on a portion of property known as the Mount Prospect Plaza; and WHEREAS, the Plan Commission of the Village of Mount Prospect has reviewed the proposed modifications to the Development Code (Chapter 16) for property commonly known as the Mount Prospect Plaza, which property is legally described as follows: That part of Lot 1 (excepting therefrom those parts thereof taken for the Department of Transportation by condemnation registered as Document Number 3201616); also (excepting therefrom that part thereof taken for Centennial Subdivision by plat registered as Document Number 3202476) in Plaza Subdivision, being a Subdivision of part of the Southwest Quarter of section 35, Township 42 North, Range 11 East of the Third Principal Meridian, according to plat thereof registered in the Office of the Registrar of Titles of Cook County, Illinois, on July 16, 1979, as Document Number 3104778; described as follows: Beginning at the Northwest corner of said Lot 1; thence south 29 degrees 46 minutes 10 seconds east along the Southwesterly line of said Lot 1, being also the Northeasterly right-of-way line of Rand Road as dedicated by Document Number 4104778, a distance of 296.41 (Record = 297.66) feet to a point of curvature; thence continuing Southeasterly along said Southwesterly line on a tangential curve, concave to the Northeast, having a radius of 2,072.46 feet, for an arc distance of 823.13 feet to the Southwest corner of a leased tract to St. Paul Federal Savings dated October 27, 1975; thence North 33 degrees 19 minutes 40 seconds East along the Northwesterly line of said leased tract 120.57 feet; thence South 56 degrees 53 minutes 10 seconds East along the Northeasterly line of said leased tract 96.62 feet to the. East line of the Southwest Quarter of the Southwest Quarter of Section 35-42-11; thence North O0 degrees O0 minutes 30 seconds East along said East line 585.11 feet to the Southwest corner of Centennial Subdivision, according to the plat thereof recorded February 11, 1981 as Document Number 3202476; thence North 00 degrees 00 minutes 30 seconds East along the West line of Centennial Subdivision aforesaid, 235.66 feet to a point on the North line of said Lot 1 in Plaza Subdivision; thence North 89 degrees 39 minutes 13 seconds west along said north line 832.35 (Record = 832.55) feet to the point of beginning. Containing 10.6 acres of land, more or less; and WHEREAS, the Plan Commission has forwarded its recommendations al-Mart Modifications Page 2 of 2 relative to the modifications requested herein to the President and Board of Trustees of the Village of Mount Prospect, and the President and Board of Trustees have determined that the best interests of the Village would be served in granting the modifications requested herein. 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 following modifications from the Development Code (Chapter 16) are hereby granted to the Subject Property: A. To reduce the required 75 foot separation of a detention basin from a building to allow a sixty foot (60') separation. B. To allow required street lighting on a State Route to be installed at a future date, subject to terms and conditions of a Restrictive Covenant, a copy of which is attached hereto and hereby made a part hereof as Exhibit A. SECTION THREE: The modifications granted herein are subject to construction to be in accordance with the Preliminary Plan submitted and as approved by the Village. SECTION FOUR: 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: Arthur, Busse, Floros, Wattenberg NAYS: None ABSENT: Corcoran, Van Geem PASSED and APPROVED this 2nd day of October, 1990. Gerald L.! Farley~ 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 ----D VILLAGE REGARDING COMPLETION OF REQUIKE ~50 E~st Mount Prns_~ect Plaz~ 3 .996 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 propen'y; 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 admlniqered 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 zdmlnlstration 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. NOW, THEREFORE, in accordance with the provisions of the said Chapter 16 of the Village Code Of Mount Prospect, Illinois; the Undersigned, Owner-Developer does hereby covenant with the Village of Mount Prospect, an Illinois municipal corporation, as follows: EXHIBIT "A" ORDINANCE NO. ~243 10/2/90 1. Thc Undersigned is the Owner and Development of the fo,.v~ing described property within the Village of Mount Prospect, Illinois, to wit: That part of Lot 1 (excepting therefrom those parts thereof taken for the Department of Transportation by condemnation registered as Document Number 3201616); also (excepting therefrom that part thereof taken for Centennial Subdivision by plat registered as Document Number 3202476) in Plaza Subdivision, being a Subdivision of part of the Southwest Quarter of Section 35, Township 42 North, Range 11 East of the Third Principal Meridian, according to Plat thereof registered in the Office of the Registrar of Titles of Cook County, Illinois, on July 16, 1979, as Document Number 3104778; described as follows: Beginning at the Northwest corner of said Lot 1; thence south 29 degrees 46 minutes 10 seconds east along the Southwesterly line of said Lot 1, being also the North- easterly right-of-way line of Rand Road as dedicated by Document Number 4104778, a distance of 296.41 (Record = 297.66) feet to a point of curvature; thence continuing Southeasterly along said Southwesterly line on a tangential curve, concave to the Northeast, having a radius of 2,072.46 feet, for an arc distance of 823.13 feet to the Southwest corner of a leased tract to St. Paul Federal Savings dated October 27, 1975; thence North 33 degrees 19 minutes 40 seCOnds East along the Northwester- ly line of said leased tract 120~7 feet; thence South 56 degrees 53 minutes 10 seconds East along the Northeasterly line of said leased tract 96.62 feet to the East line of the Southwest Quarter of the Southwest Quarter of Section 35-42-11; thence North 00 degrees 00 minutes 30 seconds East along said East line 585.11 feet to the Southwest corner of Centennial Subdivision, according to the plat thereof recorded February 11, 1981 as Document Number 3202476; thence North 00 degrees 00 minutes 30 seconds East along the West line of Centennial Subdivision aforesaid, 235.66 feet to a point on the North line of said Lot 1 in Plaza Subdivision; thence North 89 degrees 39 minutes 13 seconds west along sai.'d north line 832.35 (Record = 832.55) feet to the point of beginning. Containing 10.6 ac~es of land, more or less. 2. A plan of development of the described property by the Undersigned has been approved by the Village of Mount Prospect, which approval includes the completion of the following public improvements contained in and provided as a part of the p]nn~; to wit: To purchase and install street fights on Rand Road adjacent to the above described property per I.D.O.T. and Village of Mount Prospect Code when requested to do so the State of Illinois and/or the Village of Mount Prospect. 3. For a period of twenty (20) years commencing from the date hereof, the Undersigned shall undertake the above-stated improvements with sixty (60) days after being so advised by the Village of Mount Prospect to commence such construction and instal- lation work, and shall continue said work without interruption or delay, until the improvements are completed in a satisfactory manner and in accordance with Village plans and specifications pertaining thereto. - 2 - 4. This Covenant to complete the said public improvements 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 aiienation 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. $. 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 agalmt the person or persons seeking to violate the ~me 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 fa/Is 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 ~ dayof .~-d~'~-[ . ,19..~, "~(~ ~R~-DE'VELOPER ' Wal-Mart Stores, Inc. OWNER-DEVELOPER ATYEST: (--~ ....... [ VILLAGE P/~'IDENT ~ VILLAGE CLERK Real Estate Index No. 03-35-302-010 - 3 -