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HomeMy WebLinkAboutOrd 4185 05/15/1990 ORDINANCE NO. 4185 AN ORDINANCE MODIFYING SECTIONS OF CHAPTER 16 ENTITLED "DEVELOPMENT CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT FOR PROPERTY KNOWN AS ORCHARD FIELD TOWNHOMES GENERALLY LOCATED AT 400 EAST RAND ROAD PASSED~ND APPROVED BY THE PRESIDEN~AND BOARD OF TRUSTEES the 15th day of 'May . , 1990 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 16th day of May , 1990. CAF/ 4/27/90 ORDINANCE NO. 4185 AN ORDINANCE MODIFYING SECTIONS OF CHAPTER 16 ENTITLED "DEVELOPMENT CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT FOR PROPERTY LOCATED AT 400 EAST RAND ROAD (ORCHARD FIELD TOWNHOMES) WHEREAS, Blue Jay Building Corporation (hereinafter referred to as Petitioner) has requested modifications from the Development Code (Chapter 16) of the Village of Mount for property generally known as the Orchard Field Subdivision (hereinafter referred to as Subject Property) and legally described as follows: That part of the North 110 feet of the S.E. 1/4 of the N.E. 1/4 of Section 34, Towns~p 42 North, Range 11, East of the Third Principal Meridian, lying west of the east 400 feet and east of the center line of Rand Road, in Cook County, Illinois also South 88 feet of the north 198 feet (measured along aline parallel to the east line of Section 34, Township 42 North, Range 11, East of the Third Principal Meridian) of that part of the Southesast quarter of the northeast quarter of Meridian 34, Township 42 North, Range 11, East of the Third Principal Meridian, lying Northeast of Rand Road (except the East 400 feet thereof) in Cook County, Illinois and WHEREAS, the Petitioner is requesting a modification from the Development Code to permit a detention basin as close as ten feet (10') from the proposed buildings, rather than the required 75 feet; and WHEREAS, the Plan Commission of the Village of Mount Prospect did consider the proposed modification from the Development Code (Chapter 16) for the Subject Property at their regular meetings on February 21,1990 and April 4, 1990; and WHEREAS, the Plan Commission has forwarded its recommendation relative to the modification 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 President and Board of Trustees of the Village of Mount Prospect do hereby grant a modification from the Development Code (Chapter 16) to the Subject Property to permit a detention basin ten feet (10') from the proposed townhouses being developed as Orchard Field Townhomes. SECTION THREE: Except for the modification from the Development COde granted herein, all other requirements of said Development Code shall apply to the Subject Property. SECTION FOUR: This Ordinance shall be in full force and effect odificatF~from Chapter 16 Orchard ~ Page 2 of ~ from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Arthur, Busse, Cor¢oran, Floros, Van Geem NAYS: Wattenberg ABSENT: None PASSED and APPROVED this 15th day of May, 1990. ? Gerald L. fFarley 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 IMPRQVEMENT~ PERTAINING TO THE,DEVELOPMENT OF SAID PROPERTY 400 East Rand Road ~7868 COOK COUNTY RECORDER WHEREAS, pursuant to the provisions of Chapter m euuueu 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:'qircumstances, 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, lllinois 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. 90566392 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: 1. The Undersigned is the Owner and Development of the following described property within the Village of Mount Prospect, Illinois, to wit: PARCEL ONE: That part of the north 110 feet of the southeast quarter of the northeast quarter of Section 34, Township 42 north, Range 11 east of the th/rd' principal meridian, lying west of the east 400 feet and east of the center line of Rand Road, in Cook County, Illinois. AND PARCEL TWO: The south 88 feet of the north 198 feet (measured along a line parallel with the east line of Section 34, Township 42 north, Range 1! east of the third principal meridian) of that part 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 Rand Road (except the east 400 feet thereof), in Cook County, Illinois. ,~,J~O KNOWN AS Lots 1, 2, 3, 4, 5 and Ouflot A in the Orchard Field Townhomes Subdivision being a part of the southeast quarter of the northeast quarter of Section 34, Town~hip 42 North, Range 11 Fast of the Third Principal Meridian, in Cook County, nlinois. 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 contai,~ed in and provided as a part of the plans, to wit: Street light(s) shall be installed as directed by the Village of Mount Prospect on said ¢_~ property according to State of Illinois and Village of Mount Prospect Code. ~ 3. For a period of twenty (20) years commencing from the date hereof, the CO Undersigned shall undertake the above-stated improvements with sixty (60) days after being L~ 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 Cove~aot to complete the said public improvements as herein contained shail nm 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 proper~y, and the new owner shall be both benefited and bound by the conditions and restrictions herein expressed. $. This Covenant shall be bindln§ upon and shall inure to the benefit of the parties hereto and their successors and assigns in title and interest and the provisions hereof shall be enforceable in a proceeding at law or in equity against the person or persons seeking to violate the same including an action for injunctive relief, specific performance or to recover damages or other fines and penalties as may be established in such violation. In the event that the owner-developer of the subject property f~ils to complete the required improvements or pay a proportionate share of the required improvements by other contractors within the specified time periods herein, the value of such improvements shall be entered as a lien against the property due and payable within sixty (60) days after notification to proceed with the improvements. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , c/a, o OWNER-DEVELOPER OWNER-DEVELOPER RE$~I~ COVEN~rl~ BY ~ BEI~EN ~ VII.~4~E OF MOU'N~ PROSPEC-~ ILLINOIS AND ~ OWNER;DEVEIX)PER OF CER?AIN PROPERS/WI~-IIN SAIl) VII'.I~GE REGARDING COMPI.~'FION OF REQUIRED IMPROVEMENTS PERTAINING TO THE DEVELOPMENT OF SAID PROPERTY 400 East Rand Road 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 mn with the land as a guarantee that the required public improvements shall be completed with respect to the property under development. 0 ORDINANCE NO. 4185 5/15/90 9 (3 5 5 6 ~ 9 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 munlcipai corporation, as follows: 1. The Undersigned is the Owner and Development of the following described property within the Village of Mount Prospect, Illinois, to wit: PARCEL ONE: That part of the north 110 feet of the southeast quarter of the northeast quarter of Section 34, Township 42 north, Range 11 east of the third principal meridian, lying west of the east 400 feet and east of the center line of Rand Road, in Cook County, Illinois. PARCEL TWO: The south 88 feet of the north 198 feet (measured along a line parailel with the east line of Section 34, Township 42 north, Range 1] east of the third principal meridian) of that part 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 Rand Road (except the east 400 feet thereof), in Cook County, Illinois. ALSO KNOWN AS Lots 1, 2, 3, 4, 5 and Ouflot A in the Orchard Field Townhomes Subdivision being a part of the southeast quarter of the northeast quarter of Section 34, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois. 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 plans, to wit: Street light(s) shall be installed as directed by the Village of Mount Prospect on said property according to State of Illinois and Village of Mount Prospect Code. 3. For a period of twenty (20) years commencing from the date hereof, the Undersigned shall undertake the above-stated improvements with s/xty (60) days after being so advised by the Village of Mount Prospect to commence such construction and imtal- lation work, and shall continue said work Without interruption or delay, until the improvemems are completed in a satisfactory manner and in accordance with Village plans and specifications pertaining thereto. 905 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 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 pertainillg 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 tide and interest and the provisions hereof shall be enforceable in a proceeding at law or in equity a~aln~t 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 violatio~ 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 a§aingt 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 t~t dayof ('~,~,~L:~' ,19c~o,  OWNER-DEVELOPER ~ OWNER-DEVELOPER VILLAGE OF MOUNT PROSPECT, I11 JNOI$ VILLAGE PRESIDE~ VILLAGE CLERK Real Estate Index Nos. 03-34-207-002; and 03-34-207-007 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 400 East Rand Road 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 improvemem 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. NOW, THEREFORE, in accordance with the provisions of the said Chapter 16 of the Village Code of Mount Prospect, IIllnois, the Undersigned, Owner-Developer does hereby covenant with the Village of Mount Prospect, an ILlinois municipal corporation, as follows: 1. The Undersigned is the Owner and Development of the following described property within the Village of Mount Prospect, Illinois, tO wit: PARCEL ONE: That part of the north 110 feet of the southeast quarter of the northeast quarter of Section 34, Township 42 north, Range 11 east of the third principal meridian, lying west of the east 400 feet and east of the center line of Rand Road, in Cook County, Illinois. PARCEL TWO: The south 88 feet of the north 198 feet (measured along a line parallel with the east line of Section 34, Township 42 north, Range 11 east of the third principal meridian) of that part 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 Rand Road (except the east 400 feet thereof), in Cook County, Illinois. ALSO KNOWN AS Lots 1, 2, 3, 4, 5 and Outlot A in the Orchard Field Townhomes Subdivision being a part of the southeast quarter of the northeast quarter of Section 34, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois. 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 plans, to wit: Street light(s) shall be installed as directed by the Village of Mount Prospect on said property according to State of Illinois and Village of Mount Prospect Code. 3. For a period of twenty (20) Years commencing from the date hereof, the Undersigned shall undertake the above-stated improvements with s'~ty (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 here~. 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 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 agMn~t 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 Q, ^,~ ,19 c~, OWNER-DEVELOPER OWNER-DEVELOPER VILLAGE OF MOUNT PROSPECT, II :tlNOIS ATrEST: Real Estate Index Nos. 03-34-207-002; and 03-34-207-007 ~ - 3 -